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1992 DIGILAW 326 (ALL)

Makhan Singh v. Food Corporation of India

1992-03-03

B.K.SINGH

body1992
JUDGMENT B.K.Singh, J. - Notice on behalf of opposite parties has been taken by Sri P.N. Mathur. 2. This petitioner by means of this writ petition has challenged the order dated 16.12.1991 whereby he has been dismissed from service. The impugned order has been filed as Annexure No. 11 to the writ petition. 3. I have heard, at preliminary stage, the learned counsel for the petitioner and Sri P.N. Mathur, the learned standing counsel for the Food Corporation of India. Since the point urged by the learned Counsel for the petitioner is such, which has been concluded by a couple of decisions by this Court, I propose to decide this matter accordingly. One of the grounds raised in the petition is that Senior Regional Manager, Food Corporation of India, who has passed the impugned order of dismissal was not appointing authority of the petitioner and, therefore, the order of dismissal is liable to be set aside. 4. It is not disputed that the petitioner was promoted to the post of Assistant Grade II (Depot) by order dated 23.11.1982 passed by the Zonal Manager (North), who is arrayed as opposite party No. 2. A copy of the said promotion order has been filed as Annexure No. 1 to the writ petition. The Zonal Manager would, therefore, be the appointing authority of the petitioner as provided by Regulation 56 of the Food Corporation of India (Staff) Regulations, 1971. It is submitted that the impugned order has been passed by the Senior Regional Manager, who is arrayed as opposite party No. 3. He is lower in rank than the appointing authority of the petitioner. The question whether the Senior Regional Manager can legally pass the order of dismissal against an Assistant Grade II was considered by this Court in writ petition No. 2043 of 1989 decided on 8.8.1991. Writ petition No. 7240 (SS) of 1991 decided on 8.8.1991 and writ petition No. 665 (SS) of 1992 decided 9. 11.1992. In all these petitions it was held that Senior Regional Manager is lower in rank than the Zonal Manager. 5. This proposition, which has already been decided by this Court in the aforesaid writ petitions, is not disputed by the learned standing counsel for the Food Corporation of India. I do not propose to take a contrary view to the view expressed in the already decided writ petitions. 5. This proposition, which has already been decided by this Court in the aforesaid writ petitions, is not disputed by the learned standing counsel for the Food Corporation of India. I do not propose to take a contrary view to the view expressed in the already decided writ petitions. I express my respectful agreement with that view and hold that the Senior Regional Manager had no jurisdiction to pass the impugned order of dismissal against the petitioner as the petitioner's appointing authority is the Zonal Manager, who is higher in rank than the Senior Regional Manager. 6. In view of the above, the writ petition is allowed and the impugned order dated 16.12.1991 contained in Annexure No. 11 to the writ petition is hereby quashed with the direction that the petitioner shall be put back to duty and will be paid salary every month.