Thereafter, the respondents filed a writ petition in the High Court which allowed the petition and quashed the order of suspension and directed the respondent to be paid their full salary and further directed the reinstatement of the respondents.
Hence this appeal.
Appeal by Special Leave from the Judgment and Order dated 3.10.
It appears that originally the order of suspension was passed by the Municipal Com missioner on the 23rd September, 1974 which was companyfirmed by the Corporation by its order dated 23rd September, 1974.
1979 of the Bombay High Court Nagpur Bench in Special Civil Application No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
396 of 1980.
S. Sanghi, Mrs. Jayashri Wad and Mrs. Urmila Sirur for the Appellants.
The High Court was of the view that under the Rules and Bye laws of the City of Nagpur Corporation Act, 1948 hereinafter referred to as the Act as amended uptodate, the companypetent authority to pass orders of suspension against the respondents was the Corporation itself and number the Chief Executive Officer.
It is alleged by the respondents that latter order was number companymunicated to them.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave is directed against an order of the High Court of Bombay of 2/3rd October, 1979 by which an order passed suspending the two respondents was quashed on the ground that the order of suspension pending a departmental inquiry was passed by the Municipal Commissioner who was number companypetent to suspend the respondents pending a departmental inquiry.
V. Holay, T.G. Narayana Nair, M.S. Gupta and G.S. Sathe for Respondent No.
The suspension was ordered in companynection with a departmental inquiry relating to two accidents which occurred during the companystruction of a stadium called the Yeshwant Stadium, which was being looked after by the respondents and which resulted in the death of seven persons and injuries to eight others.
The respondents filed an appeal to departmental appellate authority which was dismissed on the 20th July, 1977.
A companyplaint was also filed before the police as a result of which a charge sheet under s. 304 A I.P.C. was filed against the respondents, on the 25th September, 1976.
1501 of 1977.
In view of the charge sheet submitted by the police another order of suspension was passed by the Municipal Commissioner on 13.1.77 with effect from 8.10.76.
