Section 25 in The Calcutta Municipal Corporation Act, 1980
25. Dismissal of officers and employees of the Corporation under certain circumstances. -
(1)If any officer or employee of the Corporation is habitually in debt or acquires directly or indirectly by himself or by any officer or employee of the Corporation any share or interest in any contract with or on behalf of the Corporation, such officer or employee shall be dismissed by his appointing authority :Provided that for the purpose of this sub-section, any debt owed by an officer or employee of the Corporation to a co-operative society or a body corporate constituted or established by or under any enactment in force for the time being shall not be taken into consideration :Provided further that nothing in this sub-section shall apply to the acquisition by an officer or employee of the Corporation of any share or interest in any company, incorporated under any enactment in force for the time being, which contracts with or is employed by the Corporation.(2)If any officer or employee of the Corporation is, after the commencement of this Act, convicted of an offence against the State or of an offence involving moral turpitude and is sentenced either to rigorous imprisonment for any term or to simple imprisonment for a term of not less than six months, he shall be deemed to have been dismissed from the service of the Corporation with effect from the date of such conviction.(3)If the conviction resulting in the dismissal of an officer or employee of the Corporation under sub-section (2) is set aside by a competent court, such officer or employee shall be deemed to have been suspended from the service of the Corporation from the date of conviction till the date on which the conviction is set aside.(4)The State Government may, of its own motion or on receipt from an officer or employee of the Corporation deemed to have been dismissed under sub-section (2) an application accompanied by a certified copy of the judgement relating to the conviction resulting in such dismissal, by order in writing, exempt such officer or employee from the operation of sub-section (2) and thereupon such officer or employee shall be deemed to have been suspended from the service of the Corporation from the date of conviction until his release on the expiry of the term of imprisonment.(5)An application under sub-section (4) may be made to the State Government within two months from the date of conviction. Such application shall be disposed of by the State Government within three months of its receipt.Explanation.- The expression "offence against the State" shall mean an offence included in Chapter VI or Chapter VII of the Indian Penal Code.B. Municipal Service Commission
