CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Power of suspension.

§77B

Summary

1[77-B. (1) The authority competent to punish an officer or servant of the Municipalities may place him under suspension- (a) where a disciplinary proceeding against him is contemplated or pending or, (b) where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial. (2) Where a penalty of dismissal or removal imposed upon an officer or servant of the Municipality is set aside in appeal under this Act or the rules, and the case is remitted for further enquiry or action or with any other directions, the officer or servant shall be deemed to have been placed or continued under suspension on and from the date of the original order of dismissal or removal. (3) Where a penalty of dismissal or removal imposed upon an officer or servant of the Municipality is set aside or declared or rendered void in consequence of or by a decision of a court of law, and the punishing authority, on a consideration of the circumstances of the case, decides to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the officer or servant shall be deemed to have been placed or continued under suspension by the punishing authority on and from the date of the original order of dismissal or removal. (4) An order of suspension made or deemed to have been dame under this section may at any time be revoked by the authority which made or deemed to have made the order or by the appellate authority. (5) A Municipality shall act under this section by a special resolution supported by not less than two-thirds of the members constituting the Municipality. (6) An officer or servant who is placed or is deemed to have been placed under suspension shall during the period of such suspension be entitled to receive, instead of salary, such sub-sentence allowance as may be prescribed. ]

1[77-B. (1) The authority competent to punish an officer or servant of the Municipalities may place him under suspension- (a) where a disciplinary proceeding against him is contemplated or pending or, (b) where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial. (2) Where a penalty of dismissal or removal imposed upon an officer or servant of the Municipality is set aside in appeal under this Act or the rules, and the case is remitted for further enquiry or action or with any other directions, the officer or servant shall be deemed to have been placed or continued under suspension on and from the date of the original order of dismissal or removal. (3) Where a penalty of dismissal or removal imposed upon an officer or servant of the Municipality is set aside or declared or rendered void in consequence of or by a decision of a court of law, and the punishing authority, on a consideration of the circumstances of the case, decides to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the officer or servant shall be deemed to have been placed or continued under suspension by the punishing authority on and from the date of the original order of dismissal or removal. (4) An order of suspension made or deemed to have been dame under this section may at any time be revoked by the authority which made or deemed to have made the order or by the appellate authority. (5) A Municipality shall act under this section by a special resolution supported by not less than two-thirds of the members constituting the Municipality. (6) An officer or servant who is placed or is deemed to have been placed under suspension shall during the period of such suspension be entitled to receive, instead of salary, such sub-sentence allowance as may be prescribed. ]

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