In Brief
Rajesh Sharma, an Executive Engineer with North Delhi Municipal Corporation, was convicted of corruption offences and dismissed by the Commissioner in 2011. He challenged the dismissal, arguing that Group A officers can only be dismissed by the Corporation, not the Commissioner. The Central Administrative Tribunal agreed. However, the Delhi High Court reversed this, holding that the Commissioner had disciplinary authority under Section 59 of the Delhi Municipal Corporation Act, 1957, as amended in 1993. The Supreme Court allowed Sharma's appeal, restoring the Tribunal's order. The Court held that the 1993 amendment making the Commissioner the disciplinary authority applies only prospectively from October 2013, not retroactively. The phrase "subject to any regulation that may be made" refers to future regulations, not existing ones. Therefore, the Commissioner lacked jurisdiction to dismiss Sharma in 2011, when the Corporation remained the competent authority for Group A officers. The dismissal was declared void, though the Corporation may initiate fresh proceedings through proper channels.
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