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Issues Involved:
1. Legality of the suspension orders of the Petitioners. 2. Applicability of Section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949. 3. Applicability of Rule 4(2)(a) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. 4. Requirement of ratification of suspension by the Corporation. 5. Automatic revocation of suspension after six months. Issue-wise Detailed Analysis: 1. Legality of the Suspension Orders of the Petitioners The Petitioners, officers of the Municipal Corporation of Navi Mumbai, challenged their suspension orders issued by the Commissioner on 10th September 2009. The suspension was based on allegations of irregularities in payments to a contractor, leading to an FIR and subsequent arrest of the Petitioners. The orders stated that the Petitioners were detained for over 48 hours, invoking Rule 4(2)(a) of the Civil Services Rules and Section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949. 2. Applicability of Section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949 Section 56(1)(b) allows the Commissioner to suspend any officer or servant pending an order of the Corporation, but such suspension must be confirmed by the Corporation within six months. If not confirmed, the suspension automatically ends. The Court found that the Commissioner's powers under this section are valid for suspensions pending disciplinary inquiries and are not considered penalties. 3. Applicability of Rule 4(2)(a) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 Rule 4(2)(a) states that a government servant is deemed to be under suspension if detained in custody for over 48 hours. The Court noted that the suspension under this rule is automatic and does not require a specific order. However, the appointing authority retains the power to review or revoke such suspensions. The Court emphasized that the appointing authority in this case is the Corporation, not the Commissioner. 4. Requirement of Ratification of Suspension by the Corporation The Court highlighted that any suspension under Section 56(1)(b) must be ratified by the Corporation within six months. In this case, the suspension was not ratified within the stipulated period, leading to its automatic revocation. The Court criticized the decision in Sudhir R. Bhatankar, which suggested that suspensions pending inquiries are not covered by Section 56(1)(b), clarifying that this interpretation was incorrect. 5. Automatic Revocation of Suspension After Six Months The Court declared that the suspension of the Petitioners ended automatically after six months from the date of suspension due to the Corporation's failure to ratify it. The Court directed the Corporation to allow the Petitioners to resume work, emphasizing the automatic nature of the revocation under Section 56(1)(b). Conclusion The Court concluded that the Petitioners' suspension orders ceased to exist after six months due to lack of ratification by the Corporation, as mandated by Section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949. The Court directed the Corporation to reinstate the Petitioners, thereby making the rule absolute with no order as to costs.
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