CORPORATION OF THE CITY OF NAGPUR CIVIL LINES, NAGPUR & ANR. versus RAMCHANDRA S/O GURUNATH MODAK & ORS.

Citation: [1981] 3 S.C.R. 22 · Decided: 26-02-1981 · Supreme Court of India · Bench: S. MURTAZA FAZAL ALI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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B 
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D 
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22 
CORPORATION OF THE CITY OF NAGPUR 
CIVIL LINES, NAGPUR & ANR. 
v. 
RAMCHANDRA S/O GURUNATH MODAK & ORS. 
February 26, 1981 
[S. MURTAZA FAZAL ALI, A. VARADARAJAN AND 
V.B. ERADI, JJ.] 
City of Nagpur Corporation Act, 1948-Section 59{3)(b)-Municipal Com-
missioner is the competent authority to suspend municipal officers and servants, 
pending a .departmental inqulry-Words and phrases "control" and "vests'.', 
explained'-Criminal cases to be disposed off to protect. the accused from harass-
ment.:_Departmental inquiry, 
whether. can be continued after acquittai In 'a 
criminal case. 
During the construction of a stadium called the Yeshwant Stadium, which 
was being looked ;ifter by the respondents, two accidents occurred resulting in the 
death of seven persons and i11jur1ies. to eight persons. Pending a departmental 
inquiry!fn the said connection, an order of suspension was passed by the 
Municipal Commissioner on the 23rd of September, 1974 which was confirllied 
by. the eorporation by its order of the same date. According to the respondents 
the later orde.r was not communicated to them. Pursuant.to a criminal complaint 
filed before)t, the police filed a charge-sheet under section 304-A Penal Code 
against the respondents on the 25th of September, 1976. In view of the charge-
sheet submitted by the police another order of suspension was passed by the 
Municipal Commissioner on 13-1-1917 with effect from 8-10-76~ The respondents 
filed an appeal to departmental appellate authority which was dismissed on the 
20th of July, 1977. Thereafter the respondents filed a writ petition in the High 
Court which allowed the petition taking the view that under the rules and bye-
laws of the City of Nagpur Corporation Act, 1948, as amended upto date, the 
competent authority to pass orders of suspension against the respondents was the 
Corporation itself and not the Chief Executive Officer. 
The High Court quashed 
the orders of suspension and directed the reinstatement of the respondents and 
payment of their full salary to them. Hence the appeal by special leave. 
Allowing the appeal, the Court 
HELD : 1:1. Clause (b) of Section 59(3) of the City of Nagpur Corpora-
tion Act, 194$ in express terms authorises and clothes the Municipal Conunisioner 
with the power to exercise supervision and control over the acts of Municipal 
Officers and servants and hence he is fully competent to suspend the Municipal 
Officers and servants, pending a departmental inquiry. 
[24 H-25A; 26 Fl 
1 : 2. The term "control" is of a very wide connotation and amplitude 
and includes a large variety of powers which are incidental or consequential to 
achieve the powers vested in the authority concerned. 
Clause (b) of the City of 
Nagpur Corporation Act is preceded by the Words "vests in the commissioner". 
When the words "control" and "vests" are read together they are strong terms 
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CORPORATION OF NAGPUR v. RAMCHANDRA (Fazal Ali, J.) 
23 
which convey an absolute control in the authority in order to effectuate the 
A 
policy underlying the rules and makes the authority concerned the sole custodian 
of the servants and officers of the Municipal Corporation. (28 E, 25 A-B] 
State of West Bengal v. Nripendra Nath Bagchi, (1966] 1 SCR 771 ; High 
Court of Andhra Pradesh and Ors. v. V. V.S. Krishnamurthy and Ors., [1979] 
1 SCR 26, followed. 
2. Whether or not the departmental inquiry pending against its servants, 
if he is acquitted in the criminal case, would have to continue is a matter to be 
decided by the department after considering the nature of the findings given by 
the criminal court. Normally where the accused is acquitted honourably and 
completely exonerated of the charges it would not be expedient to continue a de-
partmental inquiry on the very same charges or grounds or evidence, but the fact 
remains that merely because the accused is acquitted, the power of the authority 
concerned to continue the departmental inquiry is not taken away nor is its direc-
tion in any way fettered. However, whether it is really worthwhile to continue the 
departmental inquiry in the event of the acquittal after the ;_lapse of number of 
years since the departmental inquiry has started is a relevant factor to be 
considered. 
(27 C-E] 
B 
c 
Observation : Criminal cases should be disposed off as quickly as possible 
so as to protect the accused from unnecessary harassment. (27 A] 
D 
CIVIL APPELLATE J

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