Municipal suspension lapses after six months without Corporation confirmation under the statutory scheme.

Section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949 requires a municipal officer's suspension to be confirmed by the Corporation within six months; if confirmation is not obtained, the suspension automatically ends. The provision operates differently from penalty suspension under section 56(2), and a suspension pending inquiry is expressly not treated as a penalty. Although Rule 4(2)(a) provides for deemed suspension on custody detention, the statutory requirement under section 56(1)(b) controls where that provision is invoked, so the suspension cannot continue beyond the prescribed period without confirmation.

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Issues: Whether the suspension orders passed against municipal officers under section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949 read with Rule 4(2)(a) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 ceased to operate on expiry of six months without confirmation by the Municipal Corporation.

Analysis: Section 56(1)(b) empowers the Commissioner to suspend an officer or servant pending an order of the Corporation, and where the officer is appointed by the Corporation or under section 45, the suspension must be reported forthwith with reasons. The provision expressly requires confirmation by the Corporation within six months, failing which the suspension comes to an end automatically. The proviso clarifies that a suspension pending inquiry is not a penalty, so the power may be used during disciplinary proceedings and is distinct from penalty suspension under section 56(2). Rule 4(2)(a) creates a deemed suspension on detention in custody, but the impugned orders also invoked section 56(1)(b), and the statutory consequence attached to that provision controls the duration of the suspension.

Conclusion: The suspension orders were held to have automatically ceased after six months because they were not confirmed by the Corporation within the statutory period, and the officers were entitled to resume duties.

Ratio Decidendi: Where a municipal officer's suspension is made under section 56(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949, the suspension automatically lapses if the Corporation does not confirm it within six months, and a suspension pending inquiry is not a penalty.

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