1 wp-5734-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5734 OF 2010 WITH CIVIL APPLICATION NO. 1955 OF 2010 Nasik Municipal Corporation ..Petitioner versus Municipal Commissioner, Nasik Municipal Corporation & Ors. ..Respondents Mr. S. G. Aney with Mr. L. M. Acharya for Petitioner. Mr. Vaibhav Patankar for Respondent No. 1. Mr. S. R. Nargolkar – G.P. For Respondent No. 2. Mr. R. Y. Mirza for Respondent No. 3. Mr. A. V. Anturkar with Mr. S. S. Deshmukh and Miss. Neha Bhide for Intervenor in Civil Application No. 1955 of 2010. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 27, 2010. P.C. : 1. Civil application No. 1955 of 2010 is not on board. Upon production, taken on board. 2. Heard the learned counsel for the parties. 2 wp-5734-10 3. Writ Petition is directed against the action initiated by the State Government under Section 451 of the Bombay Provincial Municipal Corporations Act, 1949 thereby suspending the resolution dated 30th March 2010 passed by the General Body of Nasik Municipal Corporation. It is also brought to the notice of this Court that Commissioner, Nasik Municipal Corporation submitted representation dated 13th July 2010 to the State Government in view of provisions of Section 451(2) of the Act of 1949. 4. The learned counsel for the petitioners has submitted that the grievance of the Corporation is in respect of the issue pertaining to voluntary retirement of respondent no. 3. It is contended that the General Body of Nasik Municipal Corporation vide resolution dated 30th March 2010 rejected the application of the respondent no. 3 dated 8th December 2009 of voluntary retirement. It is further contended that the information about the resolution dated 30th March, 2010 was communicated to the respondent no.3 vide communication dated 19th April, 2010. On 19th April 2010 respondent no.3 resumed the duty as a City Engineer of the Corporation. 5. The petitioner has challenged the decision of the State Government dated 23rd June 2010 whereby the resolution dated 30th March 2010 is 3 wp-5734-10 suspended. 6. The learned Government Pleader, at this stage, has submitted that the issue is under consideration of the State Government under Section 451 of the Act of 1949. It is therefore contended that it would be appropriate to ask the Government to take a final decision in this regard within a stipulated period instead of showing any indulgence, at this stage, in the present petition. The learned Government Pleader further contended that pursuant to order dated 23rd June 2010 passed by the Government under Section 451 of the Act of 1949, the respondent no. 3 was relieved from the post vide order dated 25th June 2010. 7. Considered the contentions canvassed by the respective counsels in the light of the above referred undisputed facts. In the instant case since the power has been exercised by the State Government under Section 451 of the Act of 1949 by suspending the resolution dated 30th March 2010 passed by the General Body of the Municipal Corporation of City of Nasik, it will be appropriate to direct the State Government to conclude the said proceedings under Section 451 of the Act of 1949. It is open for the petitioner corporation to make an appropriate representation, if it thinks fit under Section 451(2) of the Bombay Provincial Municipal Corporations Act 1949 4 wp-5734-10 within a period of one week from today. State is directed to conclude the proceedings initiated under Section 451 of the Act and pass an order within a period of four weeks from the date of communication of this order even though the petitioner corporation fails to submit the representation, as observed in this order, in accordance with law and procedure applicable in this regard. Order accordingly. 8. In view of this order, civil application is also disposed of. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)