2024April 2024High CourtLatestLegal

Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion

The Petitioner was appointed as Assistant Law Officer in the legal department of Respondent No.1 Mumbai Corporation on 25.2.1995 and promoted as Deputy Law Officer on 1.6.2012.

The Respondent no.4 was appointed as Assistant Law Officer in 1998 and promoted as Deputy Law Officer in 2014.

However, the respondent no.4 was promoted to the higher post of Law Officer vide Resolution dated  14.7.2023 with effect from 31.12.2021.

HELD that the factors to be considered are merit, eligibility, qualification, performance and suitability.  Seniority is not the only criterion. MCGM is one of the largest Corporations in the country, it has substantial litigations of high stakes and therefore, the highest post of Legal Officer is of extreme importance for the functioning of the Municipal Corporation.   It is not only the power of the Municipal Corporation but also its duty to appoint a meritorious, competent and one with integrity as head of its Legal Department.  According to the Departmental Promotion Committee, the punishments imposed on the petitioner were such that they reflected on the basic qualities required for the post.

Judgment dated  12.4.2024  in W.P.No.2734 of 2023 of Sanghmitra R. Sandansing Vs. The Municipal Corporation of Greater Mumbai and others

 

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.