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1989 DIGILAW 419 (ALL)

Krishna Gopal Pandey v. Food Corporation of India

1989-05-10

S.H.A.RAZA, U.C.SRIVASTAVA

body1989
JUDGMENT S.H.A. Raza, J. - In these writ petitions, which have been directed against the orders of suspension passed against the petitioners, the only question involved is as to whether the Senior Regional Manager, who is higher in rank with the Regional Manager and the District Manager, could suspend the petitioners even if the petitioner were appointed by the Regional Manager and the District Manager. 2. The petitioners were appointed to work on the post of A. G. IIID and the appointing authority for the said posts is Regional Manager as provided in AppendixII of the FCI Staff Regulation. Regulation 26 of the Regulation of the F.C.T. Staff Regulation, 1971 provides that a person can be placed under suspension by the appointing Authority or by an Officer subordinate to whom the power has been delegated. Certainly the Senior Regional Manager, who has suspended the petitioners, is not the subordinate officer to the Regional Manager and as such the power could not be delegated to him. 3. A perusal of the said Regulation will indicate that the order of suspension can be passed either by the Appointing Authority or by an Officer to whom power has been delegated by the appointing authority. That Officer, to whom the power can be delegated should, as required by the Regulation, be an Officer subordinate to the appointing authority. 4. In view of the above, the writ petitions are allowed and the impugned order of suspension dated 2711989 contained in annexure1 to the aforesaid writ petitions are quashed. However, it will be open to the appropriate authority to pass fresh order of suspension against the petitioners in accordance with law. (Petitions allowed)