AMBARISH RANGSHAHI PATNIGERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A Division Bench of this Court by order dated 8 th April, 2011 ordered that this petition shall be placed before a Larger Bench. The order dated 8 th April, 2011 passed by the Division Bench reads thus:

(2.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioners who are the officers of the Municipal Corporation of the city of Navi Mumbai (for short the said Corporation ) have challenged the order of suspension. The said Corporation has been constituted under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the said Act of 1949 ). The Petition has been filed for challenging the orders of suspension passed by the Commissioner of the said Corporation on 10 th September, 2009. The Petitioner Nos.1 and 2 are the Deputy Commissioners of the said Corporation. The Petitioner No.3 is the Assistant Commissioner of the said Corporation. The Respondent No. 4 is the Chief Accountant and Finance Officer of the said Corporation and the Petitioner No.5 is the Assistant Accounts Officer of the said Corporation.

(3.) The said Corporation has been entrusting the work of removal of the encroachments to a private contractor. For the period of 2003 09, the said work was assigned to M/s. H.B. Bhise and Company. On the basis of the allegation that there were certain irregularities in the payments made to the said contractor, the Commissioner of the said Corporation conducted a special audit. On the basis of the said special audit, the Commissioner directed that a complaint be filed against M/s. H.B. Bhise and Company. Accordingly, an Assistant Commissioner of the said Corporation lodged a complaint against the said contractor on 16 th May, 2009 with CBD Belapur Police Station, Belapur, Navi Mumbai. On the basis of the said complaint, FIR was registered on 17 th May, 2009 alleging commission of the offences punishable under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code.