Case Note & Summary
The petitioner, Mr. Sanjay G. Gharat, an employee of the Kalyan Dombivali Municipal Corporation (KDMC), challenged the suspension order dated 18th June, 2018, passed by the Municipal Commissioner, the General Body Resolution dated 7th July, 2018, the General Body Resolution No.6 dated 20th June, 2019, and the Notice of Departmental Inquiry dated 7th August, 2019. The petitioner contended that the suspension order was passed by the Municipal Commissioner who was not his appointing authority; the appointing authority was the General Body under Section 57 of the Maharashtra Municipal Corporations Act, 1949. The court examined the provisions of the Act and found that the power of suspension is co-extensive with the power of appointment, and since the General Body was the appointing authority, only the General Body could suspend the petitioner. The suspension order by the Commissioner was without jurisdiction and void ab initio. The subsequent General Body Resolution ratifying the suspension was also invalid as ratification cannot cure an order passed without jurisdiction. The Notice of Departmental Inquiry issued by the Commissioner was also invalid as the inquiry could only be initiated by the appointing authority. The court quashed all the impugned orders and notices, allowing the petition.
Headnote
A) Municipal Law - Suspension of Employee - Competent Authority - Section 57 of Maharashtra Municipal Corporations Act, 1949 - The suspension order was passed by the Municipal Commissioner who was not the appointing authority; the appointing authority was the General Body. The court held that the suspension order was without jurisdiction and invalid as it was not passed by the competent authority. (Paras 10-14) B) Municipal Law - Ratification of Invalid Suspension - General Body Resolution - Section 57 of Maharashtra Municipal Corporations Act, 1949 - The General Body Resolution dated 7th July, 2018 purporting to ratify the suspension order was held to be invalid as ratification cannot cure an order passed without jurisdiction. (Paras 15-17) C) Municipal Law - Departmental Inquiry - Competent Authority - Section 57 of Maharashtra Municipal Corporations Act, 1949 - The Notice of Departmental Inquiry dated 7th August, 2019 was issued by the Municipal Commissioner who was not the appointing authority; the court held that the inquiry could only be initiated by the appointing authority, i.e., the General Body. (Paras 18-20) D) Municipal Law - General Body Resolution No.6 dated 20th June, 2019 - Validity - Section 57 of Maharashtra Municipal Corporations Act, 1949 - The resolution was passed without giving the petitioner an opportunity of hearing and was contrary to the provisions of the Act; the court held it to be invalid. (Paras 21-23)
Issue of Consideration
Whether the suspension order dated 18th June, 2018, the General Body Resolution dated 7th July, 2018, the General Body Resolution No.6 dated 20th June, 2019, and the Notice of Departmental Inquiry dated 7th August, 2019, are valid and in accordance with law.
Final Decision
The court allowed the petition and quashed and set aside the suspension order dated 18th June, 2018, the General Body Resolution dated 7th July, 2018, the General Body Resolution No.6 dated 20th June, 2019, and the Notice of Departmental Inquiry dated 7th August, 2019. Rule made absolute.
Law Points
- Suspension order must be passed by competent authority
- General Body Resolution cannot ratify invalid suspension
- Departmental inquiry notice must be issued by competent authority
- Section 57 of Maharashtra Municipal Corporations Act
- 1949
