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State of Maharashtra - Section

Section 79 in The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965

79. Punishment of officers and servants.

(1)Without prejudice to the provisions of any law for the time being in force [and subject to the provisions of Section 75A and the rules made thereunder,] [This portion was inserted by Maharashtra 38 of 1971, Section 5.] the following penalties may, for good reasons, be imposed upon any officer or servant of the Council:-
(i)Censure;
(ii)Witholding of increments or promotion including stoppage at an efficiency bar:
(iii)Reduction to a lower post on a fixed pay or a time-scale or to a lower stage in time-scale;
(iv)Recovery from his pay of the whole or part of any pecuniary loss caused to the Council by negligence or breach of orders;
(v)Fine:
(vi)Suspension;
(vii)Removal from the service, which does not disqualify from future employment;
(viii)Dismissal from the service, which ordinarily disqualifies from future employment.
(2)Any of the penalties mentioned in sub-section (1) may be imposed on an officer or servant of the Council by the authority competent to make the appointment of the officer or servant;[* * *] [This proviso was deleted by Maharashtra 34 of 1983, schedule.][Provided that, any officer or servant appointed by the Council may be suspended by the Chief Officer pending an order of the Council and every such suspension with the reasons therefor shall forthwith be reported by the Chief Officer to the Council [and such suspension shall continue till the completion of the enquiry:Provided further that, if such enquiry is not completed within a period of six months, the Collector shall, after examining the reasons for the delay in completion of the enquiry, either revoke the order of suspension or may extend it for a period of six months:Provided also that, if such enquiry is not completed within the total period of one year, the Chief Officer concerned shall immediately seek further extension of suspension period from the Regional Director who may, either revoke the suspension order or after recording the reasons in writing may, grant further extension of not more than three months at a time, so however that, the total period of the suspension shall not go beyond eighteen months. In the event of the enquiry not being completed within the total period of eighteen months, the power to grant any further extension shall lie with the State Government. The suspension of an officer or servant pending an enquiry against such officer or servant shall not be deemed to be a penalty:] [These provisos were substituted by Maharashtra 18 of 1993, Section 15(a).]Provided also that, the Chief Officer may, for good and sufficient reasons impose on any officer or servant of the Council, any minor penalty or penalties specified in clauses (i), (ii), (iv), (v) and (vi) of sub-section (1):Provided also that, -
(i)if the post held by a municipal servant is equivalent to Class IV post under the State Government, the penalties specified in clauses (iii), (vii) and (viii) may be imposed on such servant by the Standing Committee, and, if the Council so decides, by the President;
(ii)if the post held by an officer or servant is above the rank of a Class IV post under the State Government, such penalties may be imposed on such officer or servant by the Council, or by the Standing Committee, if the Council so decides.]
(3)No officer or servant shall be reduced to a lower post or removed or dismissed from service under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal or dismissal:Provided that, this sub-section shall not apply -
(a)where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or
(b)where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is not reasonably practicable to give that person an opportunity of showing cause.
(4)[ In case of any officer or servant holding any post permanently above the rank of a Class IV post of the State Government, no order or removal or dismissal shall be passed without the prior approval of the Collector.] [This sub-section was substituted by Maharashtra 18 of 1993, Section 15(b).]
(5)In every case referred to the Collector under the last preceding sub-section the Collector shall not refuse to give his approval unless he is satisfied that-
(i)the finding at the inquiry is perverse; or
(ii)the penalty of removal or dismissal, as the case may be, is too severe.
Where the Collector informs the Council or the Standing Committee that the finding at the inquiry is perverse, no further proceeding shall be taken against the officer or servant concerned in respect of the same matter.
(6)An appeal against any order imposing any penalty mentioned in sub­section (1) may be made to the authority superior to the authority imposing the penalty as shown below:
Authority imposing the penalty Superior authority to which appeal may bemade
(i) Chief Officer Standing Committee
(ii) Standing Committee Council
(iii) Council Director
(7)No such appeal may be entertained if not preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned.