SUDHIR R BHATANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have heard the learned counsel for the parties at length. By consent, the petition is being finally disposed of at this stage. The petitioner challenges legality and validity of continuity of the order of his suspension by respondents Nos. 2 and 3. The petitioner has further prayed for his reinstatement in service under the provisions of section 56 (1) (b) of the Bombay Provincial municipal Corporations Act, 1949 (hereinafter referred to as the Act ).

(2.) THE facts of the case are as under :- The petitioner is a Deputy Municipal Commissioner of the thane Municipal Corporation. By the order dated 14th november, 1998, the respondent No. 2, Municipal commissioner, Thane Municipal Corporation, in exercise of his powers under the provisions of Rule 4 (1) of the maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (for short MCS Rules ) suspended the petitioner from service. The said order of suspension also contained other related consequential directions to the petitioner, which are not relevant for deciding this petition. The petitioner was served with a memorandum along with imputation of charges and Annexures 1 and 2 containing the facts in detail on which the allegations were based (for brevity referred to as charge sheet ) on 17-2-1999. The petitioner submitted his written explanation by his letter dated 22nd March 1999 denying the charges levelled against him and trying to explain his position. By an order dated 21-5-1999, the municipal Commissioner in exercise of his powers under Rule 8 of the MCS Rules, appointed an enquiry officer to enquire into the charges levelled against the petitioner, regarding the collapse case of unauthorised building named as Sairaj apartment at Kisan Nagar No. 3, Wagale Estate, Thane. It is an admitted position that the departmental enquiry is in progress pursuant to the said order.

(3.) THE respondent No. 3 Corporation has filed its affidavit in reply to the petition disputing the facts averred by the petitioner and also explaining the background in detail which necessitated the petitioner s suspension from service and a departmental enquiry being held against him as per MCS Rules. The entire episode started with sudden collapse of an unauthorised building known as Sairaj apartment on 7-11-1998, located in C Zone of Thane municipal Corporation taking lives of as many as 17 innocent people who were the residents of the building. On the aforesaid pleadings we have heard the learned Counsel for their respective parties.