JUDGMENT

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 not competent to suspend the respondents pending a departmental inquiry. The High Court was of the view that under the Rules and Bye-taws of the City of Nagpur Corporation Act, 1948 (hereinafter referred to as the Act) as amended up-to-date, the competent authority to Pass order of suspension against the respondents was the Corporation itself and not the Chief Executive Officer. It appears that originally the order of suspension was passed by the Municipal Commissioner on the 23rd September, 1974 which was confirmed by the Corporation by its order dated 23rd September, 1974. It is alleged by the respondents that latter order was not communicated to them .The suspension was ordered in connection with a departmental inquiry relating to two accidents which occurred during the construction of a stadium called the Yeshwant Stadium, which was being looked after by the