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Issues involved: The issue involves the authority competent to suspend respondents pending a departmental inquiry and the continuation of the departmental inquiry in case of acquittal in a criminal case.
Summary: The Supreme Court judgment addressed the appeal against the High Court's order quashing the suspension of two respondents pending a departmental inquiry. The High Court held that the Municipal Commissioner was not competent to suspend the respondents, as per the City of Nagpur Corporation Act, 1948. However, the Supreme Court, in its judgment delivered by Fazal Ali, J., disagreed with this view. It determined that u/s 59(3) of the Act, the Municipal Commissioner had the authority to suspend the respondents pending a departmental inquiry. The Court emphasized that the Municipal Commissioner had absolute control over municipal officers and servants, including the power to suspend. The judgment cited precedents to establish that the term 'control' vested comprehensive powers in the authority concerned, including the ability to suspend pending a disciplinary inquiry. Regarding the criminal case against the respondents related to accidents during stadium construction, the Court directed the Judicial Magistrate to expedite the proceedings. It also addressed the issue of continuing the departmental inquiry if the respondents were acquitted in the criminal case. The Court stated that the authority could decide based on the nature of the criminal court's findings. If acquitted, the departmental inquiry might not be expedient, but the authority retained the power to continue it. The judgment emphasized the need for timely resolution of criminal cases to prevent unnecessary harassment. If acquitted, the suspension would be revoked, and the respondents reinstated with full salary, even if the inquiry continued. The Court also mentioned the payment made to respondents during the appeal process, stating that it should not be refunded unless the departmental inquiry concluded against them. In conclusion, the Supreme Court allowed the appeal, quashed the High Court's judgment, and directed the parties to bear their own costs. The judgment clarified the authority's power to suspend pending a departmental inquiry and provided guidance on the continuation of the inquiry post-acquittal in the criminal case.
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