Section 53 in The City of Nagpur Corporation Act, 1948
53. Discharge and infliction of penalties. - (1) Any municipal officer or servant may be discharged -
(a)during a period of probation,(b)if appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period of the appointment,(c)if engaged on contract, in accordance with the terms of the contract, or(d)on account of the abolition of the post held by him or on account of a reduction in the strength of a cadre of municipal officers and servants.(2)The following penalties may, for good and sufficient reasons, be imposed upon any municipal officer or servant-(i)censure;(ii)withholding of increments or promotion, including stoppage at an efficiency bar;(iii)reduction lo a lower post or time-scale or to a lower stage in a time-scale;(iv)recovery from pay of the whole or part, of any pecuniary loss caused to the Corporation by negligence or by breach of orders;(v)suspension;(vi)removal from the service of the Corporation, which does not disqualify from future employment;(vii)dismissal from the service of the Corporation, which ordinarily disqualifies from future employment :Provided that a dismissed municipal officer or servant maybe re-employed by the Corporation with the special sanction of the [Commissioner]; and(viii)fine to be deducted from salary :Provided that no fine shall be inflicted upon members of the clerical and ministerial establishments or upon any municipal servant with a monthly salary of more than forty rupees.Explanation. - The penalty of removal may be inflicted upon a municipal officer or servant either for misconduct not sufficiently grave to justify dismissal or on account of general unfitness for the duties of his office.(3)If a municipal officer or servant -(a)has been engaged on a written contract, he shall be entitled to notice, or salary in lieu of notice, in accordance with the terms of that contract;(b)has not been engaged on a written contract, he shall be entitled to one month's notice of the termination of his services or one month's salary in lieu of notice.(4)Municipal officers and servants discharged during a period of probation or on the expiration of the period of a temporary appointment, whether under contract or not, shall not be entitled to any notice or salary in lieu of notice.(5)No municipal officer or servant shall be discharged, dismissed or removed from the service of the Corporation by order of any authority subordinate to that which makes appointments to the post he holds at the time of the order.
