Civil Appeal No 396 of 1980
Appeal by Special Leave from the Judgment and Order dated 310
1979 of the Bombay High Court Nagpur Bench in Special Civil Application No 1501 of 1977
GS Sanghi Mrs Jayashri Wad and Mrs Urmila Sirur for the Appellants
PV Holay TG Narayana Nair MS Gupta and GS Sathe for Respondent No 1  2
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 23rd 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 laws of the City of Nagpur Corporation Act 1948hereinafter referred to as the Act  as amended uptodate the competent authority to pass orders 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 Com 24 missioner 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 respondents and which resulted in the death of seven persons and injuries to eight others
A complaint was also filed before the police as a result of which a charge sheet under section 304 A IPC was filed against the respondents on the 25th September 1976
In view of the charge sheet submitted by the police another order of suspension was passed by the Municipal Commissioner on 13177 with effect from 81076
The respondents filed an appeal to departmental appellate authority which was dismissed on the 20th July 1977
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
The short point taken by Mr Sanghi was that under section 59 3 of the Act the Municipal Commissioner is the competent authority to suspend the respondents pending a departmental inquiry
On a perusal of section 59 3 we are of the opinion that the contention is well founded and must prevail
Section 59 3 may be extracted thus Section 59 3  Subject whenever it is in this Act expressly so directed to the approval or sanction of the Corporation or of the Standing Committee and subject also to all other restrictions limitations and conditions imposed by this Act the entire executive power for the purpose of carrying out the provisions of this Act vests in the Commissioner who shall also a  b exercise supervision and control over the acts and proceedings of all municipal officers and servants and subject to the rules or bye laws for the time being in force dispose of all questions relating to the services of the said officers and servants and their pay privileges and allowances Emphasis ours Thus clause b of section 593 in express terms authorises and clothes the Municipal Commissioner with the power to exercise supervision 25 and control over the acts of Municipal officers and servants
It may be noticed that the said clause b is preceded by the words vest in the Commissioner 
When the words control  and vests  are read together they are strong terms which convey an absolute control in the authority in order to effectuate the policy underlying the rules and makes the authority concerned the sole custodian of the control of the servants and officers of the Municipal Corporation
In the case of State of West Bengal vs Nripendra Nath Bagchi1 while interpreting a similar language employed in article 235 of the Constitution of India which confers control by the High Court over District courts this Court held that the word control  would include the power to take disciplinary action and all other incidental or consequential steps to effectuate this end and made the following observations The word control as we have seen was used for the first time in the Constitution and it is accompanied by the word vest which is a strong word
It shows that the High Court is made the sole custodian of the control over the judiciary
Control therefore is not merely the power to arrange the day to day working of the court but contemplates disciplinary jurisdiction over the presiding Judge   In our Judgment the control which is vested in the High Court is a complete control subject only to the power of the Governor in the matter of appointment including dismissal and removal and posting and promotion of District Judges
Within the exercise of the control vested in the High Court the High Court can hold enquiries impose punishments other than dismissal or removal
 This view was reiterated in High Court of Andhra Pradesh  Ors
vs VVS Krishnamurhty  Ors2 where this Court clearly held that control  included the passing of an order of suspension and that the power of control was comprehensive and effective in operation
In this connection Sarkaria J speaking for the Court observed as follows The interpretation and scope of Article 235 has been the subject of several decisions of this Court
The position 26 crystalized by these decisions is that the control over the subordinate judiciary vested in the High Court under Article 235 is exclusive in nature comprehensive in extent and effective in operation
It comprehends a wide variety of matters
Among others it includes a i Disciplinary jurisdiction and a complete control subject only to the power of the Governor in the matter of appointment dismissal removal reduction in rank of District Judges and initial posting and promotion to the cadre of District Judges
In the exercise of this control the High Court can hold inquiries against a member of the subordinate judiciary impose punishment other than dismissal or removal  ii In Article 235 the word control  is accompanied by the word vest which shows that the High Court alone is made the sole custodian of the control over the judiciary
The control vested in the High Court being exclusive and not dual an inquiry into the conduct of a member of judiciary can be held by the High Court alone and no other authority  iii Suspension from service of a member of the judiciary with a view to hold a disciplinary inquiry
 It is thus now settled by this Court that 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
In the aforesaid case suspension from service pending a disciplinary inquiry has clearly been held to fall within the ambit of the word control 
On a parity of reasoning therefore the plain language of clause b of section 59 3 as extracted above irresistibly leads to the conclusion that the Municipal Commissioner was fully competent to suspend the respondents pending a departmental inquiry and hence the order of suspension passed against the respondents by the Municipal Commissioner did not suffer from any legal infirmity
The High Court was therefore in error in holding that the order of suspension passed by the Municipal Commissioner was without jurisdiction
In this view of the matter the order of the High Court cannot be maintained and has to be quashed
We might however mention that although in the criminal case charge sheet was submitted as far back as September 1976 we 27 understand that no charges have been framed so far
Criminal cases should be disposed of as quickly as possible so as to protect the accused from unnecessary harassment
We therefore direct the Judicial Magistrate First Class of Nagpur to dispose of the Criminal Case No 1902 of 1976 pending in his file with the utmost expedition and if possible within six months from today
Mr Sanghi on behalf of the Municipality states that he will fully cooperate with the prosecution in producing all the available evidence before the court and bringing the case to a final conclusion within the period mentioned above
The other question that remains is if the respondents are acquitted in the criminal case whether or not the departmental inquiry pending against the respondents would have to continue
This is a matter which is 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 departmental inquiry on the very same charges or grounds or evidence but the fact remains however 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 direction in any way fettered
However as quite some time has elapsed since the departmental inquiry had started the authority concerned will taken into consideration this factor in coming to the conclusion if it is really worth while to continue the departmental inquiry in the event of the acquittal of the respondents
If however the authority feels that there is sufficient evidence and good grounds to proceed with the inquiry it can certainly do so
In case the respondents are acquitted we direct that the order of suspension shall be revoked and the respondents will be reinstated and allowed full salary thereafter even though the authority chooses to proceed with the inquiry
Mr Sanghi states that if it is decided to continue the inquiry as only arguments have to be heard and orders to be passed he will see that the inquiry is concluded within two months from the date of the decision of the criminal court
If the respondents are convicted then the legal consequenses under the rules will automatically follow
We might mention that at the time when special leave was granted by this Court it was ordered that the respondents should be paid a lump sum of Rs 10000 each apart from the 75 allowance
We think that in the interest of justice the department may not insist on the refund of the amount of Rs 10000 until the 28 result of the departmental inquiry and if the departmental inquiry concludes in their favour the amount will be either refunded or adjusted against their dues
With these observations the appeal is accepted and the judgment of the High Court is quashed
Parties will bear their own costs throughout
SR Appeal allowed


Summary:
During the construction of a stadium called the Yeshwant Stadium which was being looked after by the respondents two accidents occurred resulting in the death of seven persons and injuries to eight persons
Pending a departmental inquiry in the said connection an order of suspension was passed by the Municipal Commissioner on the 23rd of September 1974 which was confirmed by the Corporation by its order of the same date
According to the respondents the later order was not communicated to them
Pursuant to a criminal complaint filed before it 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 1977 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 byelaws 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 11
Clause b of Section 593 of the City of Nagpur Corporation Act 1948 in express terms authorises and clothes the Municipal Commissioner 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 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 23 which convey an absolute control in the authority in order to effectuate the 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 vs Nripendra Nath Bagchi   High Court of Andhra Pradesh and Ors
vs VVS Krishnamurthy and Ors  followed
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 departmental 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 direction 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 Observation Criminal cases should be disposed off as quickly as possible so as to protect the accused from unnecessary harassment
27 A