IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.1240 of 2011 Date of Decision : January 21, 2011. Gurdial Singh .....Petitioner versus The State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.T.S.Chauhan, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner is serving as a Fireman in the Municipal Council, Derabassi, District SAS Nagar Mohali. He is aggrieved by the order dated 8.3.2010 (Annexure P-2) whereby the Executive Officer of the Municipal Council, Derabassi has placed him under suspension. The petitioner's claim is that he belongs to a Non-provincialised cadre and in view of Section 39 of the Punjab Municipal Act, 1911, as interpreted by a Division Bench of this Court in CWP No.3551 of 2006 (Chander Mohan Joshi versus State of Punjab and others, 2007 (1) SCT 500, decided on 24.8.2006 (Annexure P-3), the Executive Officer is not competent to place him under suspension. C.W.P.No .1240 of 2011 2 Having regard to the above stated contention raised on behalf of the petitioner, the writ petition is disposed of with a direction to the Executive Officer of the Municipal Council, Derabassi, District SAS Nagar Mohali, to place the petitioner's claim regarding continuation of suspension and/or his re-instatement, before the Municipal Council, which is directed to convene a meeting within a period of two months from the date of receiving a certified copy of this order. The Municipal Council is directed to take an appropriate decision in accordance with law in the said meeting. Dasti. January 21, 2011 (SURYA KANT) Mohinder JUDGE