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State of Madhya Pradesh - Section

Section 60 in The M.P. Municipal Corporation Act, 1956

60. 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:
(d)tin 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 increment or promotion, including stoppage at an efficiency bar;
(iii)reduction to a lower time-scale or to a lower stage in a lime-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)tine to be deducted from salary;
(vi)reduction in rank;
(vii)removal from the service of the Corporation, which does not disqualify from future employment;
(viii)dismissal from the service of the Corporation which ordinarily disqualify from future employment :
Provided that a dismissed municipal officer or servant may be re-employed by the Corporation with the special sanction of the Government.Explanation. - The penalty of removal may be inflicted upon a municipal officer or servant either for misconduct not [sufficiently] [Substituted by M.P. Act No. 13 of 1961.] 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 the period of probation or on the expiration of the period of a temporary appointment, shall not be entitled to any notice or salary in lieu of notice.
(5)No penalty mentioned in sub-section (2) above shall be imposed upon any municipal officer or servant by order of any authority subordinate to that which makes appointment to the post he holds at the time of the order and unless he has been given a reasonable opportunity of showing cause against the imposition of such penalty.
(6)No penalty mentioned in clauses (vi), (vii) and (viii) of sub-section (2) shall be imposed upon any municipal officer or servant appointed by the [Mayor-in-Council] [Substituted by M.P. Act No. 20 of 1998.] without the previous consultation with [the State Government] [Substituted by M.P. Act No. 29 of 2003, for the words 'the State Public Service Commission'.] :Provided that in case of any difference of opinion between the Mayor-in-Council and [the State Government] [Substituted by M.P. Act No. 29 of 2003, for the words 'the State Public Service Commission'.] the matter shall be laid before the Corporation. If the Corporation agrees with the [the State Government] [Substituted by M.P. Act No. 29 of 2003, for the words 'the State Public Service Commission'.] the order shall be made accordingly. In other cases a reference shall be made by the Corporation to the Government whose decision shall be final.
(7)Any Municipal Officer or servant who is discharged during the period of probation or on whom a penally is imposed under sub-section (2), may appeal to such authority within such period and in such manner as may be prescribed.
(8)[Omitted] [Omitted by M.P. Act No. 13 of 1961.].