In Brief
The Supreme Court upheld the power of a Municipal Corporation to suspend an Additional Municipal Commissioner (AMC) appointed by the State Government. Although the State Government creates the AMC post and makes appointments under Section 39A of the Maharashtra Municipal Corporations Act, 1949, once appointed, the AMC becomes an employee of the Corporation. Using harmonious statutory construction, the Court held that the Commissioner can suspend AMCs (who rank above Assistant Commissioners) and initiate disciplinary proceedings, though the Corporation must confirm suspension within six months. The Court rejected the High Court's interpretation as creating an absurd situation where misconduct could go unpunished, emphasizing that legislative intent cannot be to leave employees scot-free despite serious wrongdoing.
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