Section 95:
Punishment for municipal officers and other employees.
(1) Every municipal officer or other
municipal employee shall be liable to have his increments or promotion withheld or to be censured,
reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental
regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such
authority as may be prescribed by regulations:
Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily
retired, removed or dismissed by any authority subordinate to that by which he was appointed:
Provided further that 1[2[the Corporation]] may by regulations provide that municipal employees belonging
to such classes or categories as may be specified in the regulations shall be liable also to be fined by such
authority as may be specified therein.
(2) No such officer or other employee shall be punished under sub-section (1) unless he has been
given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub-section shall not apply
(a) where an officer or other employee is removed or dismissed on the ground of conduct which
had led to his conviction on a criminal charge; or
(b) where the authority empowered to remove or dismiss such officer or other employee is
satisfied that for some reason to be recorded by that authority, it is not reasonably practicable to give
that person an opportunity of showing cause.
(3) If any question arises whether it is reasonably practicable to give to any officer or other employee
an opportunity of showing cause under sub-section (2), the decision thereon of the authority empowered
to remove or dismiss such officer or other employee shall be final.
(4) An officer or other employee upon whom a punishment has been inflicted under this section may
appeal to such officer or authority as may be prescribed by regulations.
3[Provided that in the case of an officer or other employee appointed by the Commissioner an appeal
shall lie to the Administrator.]
Notes:
1. Subs. by Delhi Act 12 of 2011, s. 2 “the Corporation” (w.e.f. 13-1-2012).
2. Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).
3. Ins. by Act 67 of 1993, s. 70 (w.e.f. 1-10-1993).