Supreme Court of India
Kalyan Dombivali Municipal Corporation v. Sanjay Gajanan Gharat and Another
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What the Court ordered
We are of the considered view that the legislature cou ld 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 empl oyee of the 477 Corporation, there would be no provision in the statute to initiate departmental proceedings against him.
Judgment, page 24
From the headnote
Service Law – Misconduct – Suspension – Departmenta l proceedings –Maharashtra Municipal Corporations Act , 1949 – ss. 36, 39, 39A, 45 & 56 – Suspension of Municipal Cor poration employee – Departmental enquiry – Case registered a gainst 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 powe r under s. 56(1)(b) of MMC Act r/w Rule 4(1) of Maharashtra Civil Se rvices (Discipline and Appeal) Rules, 1979 – Notice issued against Respondent No.1 with regard to holding of departmen
Authorities it was built on
- 1981 K.P. Varghese v. The Income-tax Officer, Ernakulam, and Another
- 1962 Gursahai Saigal v. Commissioner of Income-tax, Punjab
- 2003 Balram Kumawat v. Union of India & Ors.
- 1996 Sultana Begum v. Prem Chand Jain
- 2002 Commissioner of Income Tax v. M/s. Hindustan Bulk Carriers
- 1985 Philips India Ltd. v. Labour Court, Madras & Ors.
- 1997 Jagdish Singh v. Lt. Governor, Delhi and Ors.
- 2015 Ajay Kumar Choudhary v. Union of India through its Secretary & Anr.
- 1991 Mahadeo Prasad Bais (dead} v. Income-tax Officer 'a' Ward, Gorakhpur and Atjr.
- 1986 State of Tamil Nadu v. Kodaikanal Motor Union (p) Lid.
- 2021 Sanjay Ramdas Patil v. Sanjay and Others
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