TMI Blog1981 (2) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner who was not competent to suspend the respondents pending a departmental inquiry. The High Court was of the view that under the Rules and Bye-laws of the City of Nagpur Corporation Act, 1948(hereinafter referred to as the 'Act') as amended uptodate, the competent authority to pass orders of suspension against the respondents was the Corporation itself and not the Chief Executive Officer. It appears that originally the order of suspension was passed by the Municipal Commissioner on the 23rd September, 1974 which was confirmed by the Corporation by its order dated 23rd September, 1974. It is alleged by the respondents that latter order was not communicated to them. The suspension was ordered in connection with a departmental in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed by this Act, the entire executive power for the purpose of carrying out the provisions of this Act vests in the Commissioner who shall also- (a)........ (b) exercise supervision and control over the acts and proceedings of all municipal officers and servants and subject to the rules or bye-laws for the time being in force, dispose of all questions relating to the services of the said officers and servants and their pay, privileges and allowances. (Emphasis ours) Thus clause (b) of s. 59(3) in express terms authorises and clothes the Municipal Commissioner with the power to exercise supervision and control over the acts of Municipal officers and servants. It may be noticed that the said clause (b) is preceded by the words ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court, the High Court can hold enquiries, impose punishments other than dismissal or removal. This view was reiterated in High Court of Andhra Pradesh Ors. v. V.V.S. Krishnamurhty Ors.(2) where this Court clearly held that 'control' included the passing of an order of suspension and that the power of control was comprehensive and effective in operation. In this connection, Sarkaria, J. speaking for the Court, observed as follows:- The interpretation and scope of Article 235 has been the subject of several decisions of this Court. The position crystalized by these decisions is that the control over the subordinate judiciary vested in the High Court under Article 235 is exclusive in nature, comprehensive in extent and ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acted above, irresistibly leads to the conclusion that the Municipal Commissioner was fully competent to suspend the respondents pending a departmental inquiry and hence the order of suspension passed against the respondents by the Municipal Commissioner did not suffer from any legal infirmity. The High Court was, therefore, in error in holding that the order of suspension passed by the Municipal Commissioner was without jurisdiction. In this view of the matter the order of the High Court cannot be maintained and has to be quashed. We might, however, mention that although in the criminal case charge-sheet was submitted as far back as September, 1976 we understand that no charges have been framed so far. Criminal cases should be disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in the event of the acquittal of the respondents. If, however, the authority feels that there is sufficient evidence and good grounds to proceed with the inquiry, it can certainly do so. In case the respondents are acquitted we direct that the order of suspension shall be revoked and the respondents will be reinstated and allowed full salary thereafter even though the authority chooses to proceed with the inquiry. Mr. Sanghi states that if it is decided to continue the inquiry, as only arguments have to be heard and orders to be passed, he will see that the inquiry is concluded within two months from the date of the decision of the criminal court. If the respondents are convicted, then the legal consequenses under the rules will automatic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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