JUDGMENT - KOCHAR R.J., J.:---We have heard the learned Counsel for the parties at length. By consent, the petition is being finally disposed of at this stage. The petitioner challenges legality and validity of continuity of the order of his suspension by respondents Nos. 2 and 3. The petitioner has further prayed for his reinstatement in service under the provisions of section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the Act").

2. The facts of the case are as under :-

The petitioner is a Deputy Municipal Commissioner of the Thane Municipal Corporation. By the order dated 14th November 1998, the respondent No. 2, Municipal Commissioner, Thane Municipal Corporation, in exercise of his powers under the provisions of Rule 4(1) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (for short "MCS Rules") suspended the petitioner from service. The said order of suspension also contained order related consequential directions to the petitioner, which are not relevant for deciding this petition. The petitioner was served with a memorandum along with imputation of charges and Annexures 1 and 2 containing the facts in detail on which the allegations were based (for brevity referred to as "charge sheet") on 17-2-1999. The petitioner submitted his written explanation by his letter dated 22nd March, 1999 denying the charges levelled against him and trying to explain his position. By an order dated 21-5-1999, the Municipal Commissioner in exercise of his powers under Rule 8 of the MCS Rules, appointed an Enquiry Officer to enquire into the charges levelled against the petitioner, regarding the "collapse case of unauthorised building named as Sairaj Apartment at Kisan Nagar No. 3, Wagale Estate, Thane". It is an admitted position that the departmental enquiry is in progress pursuant to the said order.

3. The respondent No. 3 Corporation has filed its affidavit in reply to the petition disputing the facts averred by the petitioner and also explaining the background in detail which necessitated the petitioner's suspension from service and a departmental enquiry being held against him as per MCS Rules. The entire episode started with sudden collapse of an unauthorised building known as "Sairaj Apartment" on 7-11-1998, located in "C" Zone of Thane Municipal Corporation taking lives of as many as 17 innocent people who were the residents of the building. On the aforesaid pleadings we have heard the learned Counsel for their respective parties.

4. The Municipal Commissioner ordered the said enquiry after having suspended the petitioner under Rule 4 of the M.C.S. Rules. The gist of the charges is that the petitioner as a Deputy Municipal Commissioner had failed to maintain integrity, devotion of duty and that he had willfully and knowingly defaulted/neglected/omitted to get the unauthorised structure "Sairaj Apartments" pulled down and, in particular, the petitioner was charged with an allegation that the portion constructed after the order dated 29-6-1996 was allowed to be unauthorisedly constructed in spite of the civil Court's order directing the parties to maintain status quo as on the date of the order i.e. 29-6-1996. The learned Counsel for the Municipal Commissioner has emphasised the following relevant events for our consideration.

(i) On 31st May, 1995, the encroachment clerk of the Corporation had reported against the illegal construction being started by the builders of the Sairaj Apartments. This report is on record of the Corporation.

(ii) On 2-6-1996 a suit appears to have been filed by the builder developer of the said building through the tenants of the existing old structure.

(iii) On 29-6-1996 the Civil Court appears to have passed an order of status quo to be maintained by the parties. On this day when the status quo order was passed, there was hardly any work started on the site.

(iv) On 24-8-1996 Senior Inspector of Police had lodged his report with the Corporatio

Click Here to Read the rest of this document