Kambli 1 wp946.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.946 OF 2010 ... Mr.Deepak R. Adsul ...Petitioner v/s. The Municipal Corporation of Gr.Mumbai and ors. ...Respondents ... Mr.P.M.Pradhan with Mr.A.R.Pitale for the Petitioner. Ms.Priti Prandare for BMC. Mr.D.A.Nalawade, GP for State. ... CORAM: D.K.Deshmukh & K.K.TATED, JJ DATED: 1st March, 2011 P.C.: 1. This Writ Petition can be disposed of on short ground. The Petitioner admittedly was promoted to the Post of Insecticide Officer (Expert) pursuant to the Resolution passed by the Corporation dated 6-10-2006, by an order dated 31st October, 2006. The Petitioner, however, has been reduced in rank or reverted by an order dated 8-3-2010. That order was issued by the Executive Health Officer with the sanction of the Additional Municipal Commissioner. The short Kambli 2 wp946.10 submission made on behalf of the Petitioner is that the appointing authority of the Petitioner admittedly is the Corporation. His promotion to the post of Insecticide Officer (Expert) was pursuant to the Resolution passed by the Corporation. Therefore, in terms of the provisions of Section 83 of the Bombay Municipal Corporation Act an order reducing him in rank can be made only by his appointing authority. The Additional Commissioner, who has sanctioned the reduction in rank of the Petitioner is admittedly sub- ordinate to the Corporation and therefore the order of reversion is contrary to the provisions of Section 83 of the Act. 2. In this view of the matter, the order dated 8-3-2010 is set aside and the rule is made absolute accordingly. It is, however, clarified that this order will not come in the way of the appointing authority taking action against the Petitioner, is so advised, in accordance with law. (D.K.DESHMUKH, J.) (K.K.TATED, J.)