CHANDRAKANT VALLABHADAS GUJARATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Taken up for hearing forthwith by consent of the parties.

(2.) THE petitioner is working as a Deputy Chief Officer, the post which is also known as an Administrative Officer, since 1978. The promotion was confirmed by the State Selection Board some time in the year 1982. It appears that the Municipal Council intends to hold domestic enquiry against petitioner and on 22nd July, 1995, he was suspended by an order, which was signed by the President, Municipal Council, Ahmednagar and along with him, the Chief Officer and the Head of the Establishment Department. But the order specifies that the order is passed as per the order passed by the President of the Municipal Council.

(3.) ON 17-7-1995, the Standing Committee of the Municipal Council, Ahmednagar had considered the motion as an item brought in with permission of the Chairman and it passed a resolution granting sanction to immediately suspend the petitioner under section 79 (1) (vi), which was later on confirmed by the Municipal Council. By the very resolution, one Shri T. S. Alagh was appointed as an Enquiry Officer. This resolution was challenged before the Collector, Ahmednagar and in exercise of her power under section 308, the Collector was pleased to suspend this resolution dated 17-7-1995. We have been told at the Bar that the Municipal Council, Ahmednagar has approached to the Commissioner, Nashik Division under sub-section (4) of section 308. He has heard the parties and the matter has not yet been disposed of. The petitioner challenges his suspension by this writ petition.