Lawstreet Journal

Commissioner Of Municipal Corporation Can Initiate Departmental Inquiry Against Additional Municipal Commissioner: Supreme Court

Lawstreet Journal 5 Apr 2022 12:30am

Image courtesy: Lawstreet Journal Judiciary Commissioner Of Municipal Corporation Can Initiate Departmental Inquiry Against Additional Municipal Commissioner: Supreme Court

The Supreme Court ruled on Thursday that under the Maharashtra Municipal Corporation Act, 1949, the Commissioner of Municipal Corporation has the power to terminate or initiate departmental proceedings against the Additional Municipal Commissioner.

The Bombay High Court's decision that the power to suspend the Additional Municipal Commissioner of Kalyan Dombivali Municipal Corporation was conferred neither on the Commissioner of Municipal Corporation nor the Corporation, but only on the State Government, was upheld by a bench consisting of Justices L. Nageswara Rao and B.R. Gavai.

FACTS OF THE CASE

Sanjay Gajanan Gharat (respondent no. 1) was appointed Assistant Municipal Commissioner of the Kalyan Dombivali Municipal Corporation (KDMC/petitioner) in 1995, and his appointment was approved by the Maharashtra Municipal Corporation Act, 1949 on 01.02.1997. ("MMC Act"). He was thereafter promoted to Deputy Municipal Corporation of the KDMC. The MMC Act was changed in 2011 with the addition of Section 39A, which allows for the formation of one or more Additional Municipal Commissioner positions ("AMC"). AMC was constituted for KDMC by a Government Resolution dated 11.12.2011. On January 6, 2015, a new AMC position was formed. Respondent No. 1 was deemed suitable by the Selection Committee, and his name was suggested to the State Government. As a result, in June of 21015, he was appointed to the position of AMC of KDMC. An FIR was filed against him on June 14, 2018, for acts punishable under the Prevention of Corruption Act. He was apprehended and released on bail. On 18.06.2018, the Commissioner… Continue Reading...


Tagged: Maharashtra Municipal Corporation   Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com