2026 Supreme(Online)(Chh) 11342
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu, J
Fatte Lal Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 3477 of 2025
For the Appellants/Petitioners: Sandeep Dubey, Pragati Kaushik
For the Respondents: Suyashdhar Badgaiya, Poorva Tiwari, Pankaj Agrawal
Section 420 of the Chhattisgarh Municipal Corporation Act, 1956, grants the State Government overriding power to demand punishment, suspension, or dismissal of a municipal officer, thereby empowering the State Government to issue charge-memos and initiate disciplinary proceedings notwithstanding other provisions regarding appointing authorities.
Headnote:(A) Chhattisgarh Municipal Corporation Act, 1956 - Section 58 and Section 420 - Chhattisgarh Municipal Corporation (Appointment Condition of Service of Officers and Servants) Rules, 2018 - Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 - Rule 12 - Disciplinary proceedings against Municipal Corporation officer - Jurisdiction of State Government to issue charge-memo - Section 420 of the Act of 1956 acts with an overriding effect over other provisions, granting the State Government authority to demand punishment or dismissal of an officer found negligent - Despite definition of appointing authority remaining the Mayor-in-Council or Commissioner, State Government retains jurisdiction to initiate departmental inquiry. (Paras 6-15)
Facts of the case:
The petitioner, an Assistant Engineer working with the Municipal Corporation, Raipur, was put under suspension and subsequently served with a charge-memo by the State Government. The petitioner challenged the issuance of the charge-memo on the grounds that the State Government is not the appointing or disciplinary authority under the Rules of 2018 and the Act of 1956, and thus lacks the jurisdiction to issue such a charge-memo.
Findings of Court:
The court held that Section 420 of the Act of 1956 contains a non-obstante clause which confers overriding power upon the State Government to demand suspension, punishment, or dismissal of any municipal officer/servant found negligent. Consequently, the challenge to the State Government's jurisdiction is unsustainable.
Issues: Whether the State Government has the legal jurisdiction to issue a charge-memo and initiate departmental proceedings against an employee of a Municipal Corporation under the governing Act and Rules.
Ratio Decidendi: Section 420 of the Chhattisgarh Municipal Corporation Act, 1956, has an overriding effect on the provisions governing appointments, thereby empowering the State Government to initiate disciplinary proceedings against municipal officers despite the general appointing authority being the Mayor-in-Council or Commissioner.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. petitioner challenges state's jurisdiction to issue charge-memo to municipal employee. (Para 1 , 2) |
| 2. analysis of statutory provisions regarding disciplinary control and authorities. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. section 420 provides overriding authority to state government for disciplinary actions. (Para 14 , 15 , 16) |
Order on Board
13/04/2026
1. Petitioner has filed this writ petition seeking following reliefs.
“10.1 That, the Hon’ble Court may kindly be
pleased to issue writ/ writs in the nature of
mandamus and quashed/ set aside the
charge sheet dated 23.01.2025 (Annexure P 1) issued by the State government in the
interest of justice.
10.2 That the Hon’ble Court may kindly be
pleased to issue writ/ writs in the nature of
mandamus and directed to respondent
authority to provide all relevant documents to
the petitioner.
10.3 That, the Hon’ble Court may kindly be
pleased to grant any other relief, as it may
deem fit and just.”
2. Learned counsel for petitioner submits that petitioner is an employee of
Respondent No. 4 and was posted as Assistant Engineer. While he
was posted as Assistant Engineer with Respondent No. 4, he was put
under suspension vide order dated 11.11.2024 (Annexure P-4) levelling
certain allegation. Petitioner was served with a charge memo thereafter
on 23.01.2025 (Annexure P-1) by the State Government. Issuance of
charge-memo was put to challenge in this writ petition on the ground
that the State Government is not the appointing authority nor the
disciplinary authority and therefore State Government is having no
jurisdiction to issue charge-memo and to direct to conduct necessary
proceedings. He would further submit that Section 58 of the
Chhattisgarh Municipal Corporation Act, 1956 (for short “Act of 1956”)
provides for Appointment and Conditions of Service of Corporation
Officers and servants, under sub-section 1 of Section 58 State
Government has formulated rules governing the services of the
officers/ employees of the Municipal Corporation as Chhattisgarh
Municipal Corporation (Appointment Condition of Service of Officers
and Servants) Rules 2018 (for short, the Rules of 2018) (for short
“Rules of 2018”). Referring to Rule 2(ख) he would submit that in the
Rules of 2018 the appointing authority has been specified as Mayor-in Council or the Commissioner. He would also contend that under
Section 60 of the Act of 1956 it specifically provides for Discharge and
Infliction of penalties, and for imposing punishment on the officers and
the servants of the Municipal Corporation it is mentioned that no
authority subordinate to the authority who makes the appointment. In
the case at hand, the Commissioner and the Mayor-in-Council would
be the competent authority to impose punishment and therefore the
charge-memo ought to have been by the authority who has been
mentioned to be an authority to impose penalty. He would also refer
sub-section 6 of Section 60 of the Act of 1956 to submit that for
inflicting major penalty of reduction in rank, removal from service and
dismissal from service, it is mentioned as Mayor-in-Council to impose
such penalty with the previous consultation with the State Government/
Divisional Commissioner. In the scheme of provisions of the Act of
1956 and the Rules of 2018, State Government has not been
mentioned to be an authority to be appointing authority or disciplinary
authority and therefore issuance of charge-memo by Respondent No. 1
is not sustainable.
3. Learned counsel for State vehemently oppose the submission of
learned counsel for petitioner and would submit that petitioner has
been appointed by the order of Respondent No. 1 and therefore
Respondent No. 1 would be an authority for issuance of charge-memo
and to act as a disciplinary authority. Referring to Rule 9 of the
Chhattisgarh Civil Services (Classification Control and Appeal) R