ORDER
T.N. Singh, J.
1. The fact which is not disputed is that the non-petitioner retired as a Chief Municipal Officer of Shajapur Municipality. The only point in dispute is the point of law which, according to me a plain reading of the provision of Section 87(2) of the M. P. Municipalities Act, 1961, ‘for short, 1961 Act, should prove decisive of the controversy. If anything more has to be said a reference may be made to the provisions of Section 16 of the M.P. General Clauses Act, 1957, for short, 1957 Act, as also to the Rules framed under the Act, namely, the M.P. State Municipal Service (Executive) Rules, 1973, for short, the Rules.
2. The Rent Controlling Authority, for short the authority, has decided as a primary issue, the question as to whether non-petitioner was a “retired servant of any Government” within the meaning of Section 23-J(i) of the M.P. Accommodation Control Act, 1961 (as amended in 1985) for short, Accommodation Act. The authority took the view that the non-petitioner having retired as a Chief Municipal Officer of Shajapur Municipality, he was entitled to invoke the provisions of Section 23-J(i) of the Accommodation Act. I propose to extract Section 87 of 1961 Act in extenso because the ambiguity which could be introduced by Sub-section (1) on which the petitioner could bank, has to be defused and denuded.
“87. Chief Municipal Officer.– (1) There shall be a Chief Municipal Officer to every Council who shall be the principal executive officer of the council and all other officers and servants of the council shall be subordinate to him.
(2) The Chief Municipal Officer of a Council shall be a member of the State Municipal Service (Executive) and shall be appointed by the State Government.”
3. True it is that in Sub-section (1) it is stated that the Chief Municipal Officer shall be the principal executive officer of the Council but it is further stated that “and all other officers and servants of the council shall be subordinate to him.”. It is to be made clear that the words “all other” do not in a any manner impinge on the status of the Chief Municipal Officer of which position care is explicitly taken by Sub-section (2). Indeed, law is well settled that no provision of any enactment or any expression used in any particular provision of any enactment has not to be read in isolation but in the entirety of the context to give full effect to the accepted canons of statutory interpretation. Sub-section (2) makes it very clear that the Chief Municipal Officer is not to be considered an officer and servant of any Municipal Council because it is explicitly contemplated thereunder that he shall be appointed by the State Government. Section 16 of the M.P. General Clauses Act clearly envisages that power to appoint includes the power to suspend and dismiss an employee. As such, the State Government which has power to appoint the Chief Municipal Officer has the power to dismiss also the officer. Thus, a Chief Municipal Officer can be a “servant” only of the State Government.
4. Let me also read in this context Section 86 and indeed even Sections 90 and 92 of the 1961 Act before I go further and have a look at the Rules aforesaid. It is contemplated under Section 86 that the State Government “for the purpose of providing officers to the Council under Section 87 or 88” may constitute in the prescribed manner, Municipal Services for the State and that such services, among others, may be called “State Municipal Service (Executive)”. Under Sub-section (2) of Section 86 provision is made for framing of rules in respect of recruitment, qualification, appointment, promotion, leave etc… “as also other service conditions of the members of the State Municipal Service.” By Sub-section (4) it is provided that State Government may transfer any member of the State Municipal Service from the council to another council. Under Section 90 the power to grant leave of absence to a Chief Municipal Officer is reserved in the State Government and it is further contemplated thereunder that during the absence or leave of such an officer for a period of 30 days the State Government may appoint another person to act in his place. Indeed, it is made clear thereby that only person appointed by the State Government may act as Chief Municipal Officer. Because the Chief Municipal Officer has to carry out functions in connection of the business of a Municipal Council, only “general control” of the President of the council on his activities is contemplated under Section 92(a) in relation to the duties or functions entrusted to the officer under the Act.
5. Let me now look at the Rules which make explicit provision in categorical terms for recruitment, qualification as also appointment, probation, confirmation, seniority besides termination of employment, superannuation and retirement as also disciplinary and other matters which are dealt in several chapters of the rules. The recruitment of any member of the State Municipal Service (Executive) has to be made according to Rule 5 by the State Government following the procedure prescribed in Rule 11. Rule 14 provides that subject to the provisions of the Act and the Rules the State Government makes appointment of all categories of Chief Municipal Officers. In matters of termination of employment, superannuation and retirement provisions are made in Rules 28, 29 and 30 reserving the power in each case for the State Government to deal with the matter. The Authority empowered to impose penalties under Rule 32 is the Director of Local Bodies of State Government and in certain cases sanction of the State Public Service Commission has to be obtained. Appeals against disciplinary action taken against members of the service are provided in Rule 41 but such appeals lie to the State Government. According to Rule 46 whenever any adverse entry is made in the confidential report of any member of the service he shall have a right to make representation to the State Government to have the unfavourable remarks against him in his confidential report expunged. All these several provisions leave no doubt that a Chief Municipal Officer is “servant” of the State Government inasmuch as not only his appointment is made by the State Government the power to punish him with even dismissal resides wholly and solely in the State Government.
6. For the foregoing reasons I find no merit in this revision. I hold that the Authority’s decision that the non-petitioner being a retired servant of the State Government, he was entitled to invoke Section 23-J(i) is not liable to interference in my hands.
7. Shri Bhardwaj appearing for the non-petitioner submits that as far back as on 5-9-1985 this Court had made a direction in Civil Revision. No. 127/85 for expeditious disposal of the non-petitioner’s application made under Section 23-A of the Accommodation Act. Counsel submits that the Authority in ust be reminded its duty to abide by the said order. I do not think if there can be any opposition to this reasonable prayer and as such I direct that within three months final decision shall be rendered in proceedings pending before the authority. Indeed, the statutory provision of Section 23-D has to be taken note of and enforced. The law provides that “as far as may be possible” an application made under Section 23-A to the authority shall be disposed of within six months.
8. This order shall be communicated to the Authority concerned post haste.