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Municipal Borough Of Ahmedabad vs Jayantilal Chhotalal Patel on 9 April, 1947

Rule 200 of these rules deals with the question of liability of a municipal employee to be discharged from service on his being given one months notice. Every municipal servant therefore accepts the employment of the municipality subject to these rules which form part and parcel of the conditions of his service. Since Section 58 confers authority upon the municipality to frame rules any act done by the municipality either in pursuance of the Act or under the statutory rules framed under Section 58 for instance an order of discharge of a municipal employee made or issued under any of these rules must constitute an act done in pursuance of the Act. This is what has actually been held in the Municipal Borough of Ahmedabad v. Jayantilal 49 Bum. L.R. 724. That being the position the contention raised by Mr. Oza that the appellant was not required to serve any notice under Section 206A of the Act must fail.
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