Section 21 in Kolkata Municipal Corporation Act, 1980
21. Control, discipline, and conduct of officers and employees.
(1)Unless there is anything to the contrary, the whole time of an officer or employee Of the Corporation shall be at the disposal of the Corporation and he may be employed by the Corporation in such manner as it thinks fit. Such officer or employee may also be transferred from one post to another carrying an identical scale of pay.(2)The Corporation may, by regulation, provide for the discipline, control and conduct of officers and employees constituting the establishment of the Corporation.(3)[ Any officer or employee of the Corporation as may be determined by regulation, may be censured, fined, penalised by withholding of increment or promotion temporarily or permanently, penalised by recovery from his pay of the whole or part of any pecuniary loss caused by him to the Corporation, reduced to a lower stage in the time-scale of pay for a specified period, reduced to a lower-time-scale of pay, grade, post or service, or penalised by compulsory retirement or removal or dismissal from service for any breach 01 departmental rules or of discipline or for negligence of duties or for other misconduct, by the authority by whom such officer or employee has been appointed.] [Substituted by section (5)(a) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Bengal Act No. 6 of 1996), w.r.e.f. 4.12.1995.](3A)[ The Commissioner or the appointing authority may pass an order of suspension pending departmental proceedings or prior to the initiation of any departmental proceedings against any employee of the Corporation.(3B)(i)An employee of the Corporation who is detained in custody for a period exceeding 48 hours on a criminal charge, may be suspended by an order of the appointing authority with effect from the date of his detention and such employee shall remain under suspension until an order withdrawing the order of suspension is made by the appointing authority.(ii)An employee of the Corporation who is undergoing a sentence of imprisonment upon conviction on a criminal charge, shall be suspended by the appointing authority pending disciplinary proceeding against him.][Sub-sections (3A) and (3B) inserted by section 5(b), ibid, w.r.e.f. 4.12.1995.](4)An appeal against an order under sub-section (3) shall lie(a)to the Corporation where the appointing authority is the Mayor-in-Council;(b)to the Mayor in the case of an officer or employee holding a category A post;(c)to the Municipal Commissioner in the case of an officer or employee holding a category B post; and(d)to a Joint Municipal Commissioner in the case of an officer or employee holding a category C post or a category D post.(5)No officer or employee of the Corporation appointed on the recommendation of the Municipal Service Commission [or the Public Service Commission, as the case may be,] [Inserted by section 5(c) of the Calcutta Municipal Corporation (Amendment) Act, 1996 (West Bengal Act No. 6 of 1996), w.r.e.f. 4.12.1995.] shall be reduced in rank, removed or dismissed except after consultation with such Commission.
