NDLI: Kalyan Dombivali Municipal Corporation Vs. Sanjay Gajanan Gharat and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Misconduct – Suspension – Departmental proceedings
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Misconduct – Suspension – Departmental proceedings –Maharashtra Municipal Corporations Act, 1949 – ss. 36, 39, 39A, 45 & 56 – Suspension of Municipal Corporation employee – Departmental enquiry – Case registered against Respondent No.1 (AMC of KDM Corporation) under Prevention of Corruption Act – Subsequently, he was suspended by the Commissioner of the KDM Corporation in exercise of power under s. 56(1)(b) of MMC Act r/w Rule 4(1) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 – Notice issued against Respondent No.1 with regard to holding of departmental enquiry against him – Writ petition filed by Respondent No. 1 – High Court held that since the appointment of respondent No.1 was made by the State Government in view of s.36 of the MMC Act, it is only the State Government, which was competent to suspend and initiate departmental inquiry against him – It was, therefore, held by the High Court that the suspension order issued by the Commissioner and ratified by the KDM Corporation, and the departmental inquiry initiated by the Commissioner with approval of the KDM Corporation was beyond their powers – Whether respondent No.1 though an employee of the KDM Corporation, could neither be suspended nor any departmental proceedings could be initiated against him by KDM Corporation, since his selection and appointment was done by the State Government – Held: High Court erred in setting aside the suspension and departmental proceedings initiated against respondent No.1 – Finding of the High Court that in view of s.39A of the MMC Act, the Commissioner or the Corporation will not have power to suspend or initiate departmental inquiry against the AMC, is in ignorance of the provisions of s.56 and sub-section (9) of s.2 of the MMC Act – Sub-section (9) of s.2, ss.39A and 56 of the MMC Act will have to be read in reference to each other and cannot be read in isolation – Legislative intent cannot be to leave an employee scot-free though he has indulged in serious misconduct – The legislature could not have intended a situation, wherein though the post of AMC is created by the State Government and a suitable person is appointed by it and though a person appointed on the said post becomes an employee of the Corporation, there would be no provision in the statute to initiate departmental proceedings against him – If such an interpretation is accepted, it would lead to absurdity and create a vacuum – The statute has to be interpreted in such a manner that it preserves its workability – On a harmonious construction of sub-section (9) of s.2, ss.39A and 56 of the MMC Act, the Commissioner of the Municipal Corporation will have the power to suspend or initiate departmental proceedings against an AMC, who is an officer, superior in rank to the Assistant Commissioner – However, in case of suspension of such an officer, the only requirement would be to report to the Corporation, with reasons thereof, and if such a suspension is not confirmed by the Corporation within a period of six months from the date of such suspension, the same shall come to an end – Any other interpretation would lead to absurdity and anomaly, and therefore will have to be avoided –Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 – Rule 4(1). Interpretation of Statutes – “Harmonious construction” – Discussed.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2022 INSC 377
Petitioner	Kalyan Dombivali Municipal Corporation
Respondent	Sanjay Gajanan Gharat And Another
SCR	[2022] 4 S.C.R. 453
Judgement Date	2022-03-31
Case Number	2643

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Kalyan Dombivali Municipal Corporation Vs. Sanjay Gajanan Gharat and Another

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