JUDGMENT S. Saghir Ahmad, J. - The petitioner by means of this petition has challenged the order dated 5-12-1991 by which he was dismissed from service. A copy of this order has been filed as Annexure No. 20. 2. One of the grounds raised in the petition is that the officer, who has passed the impugned order of dismissal, was not the appointing authority of the petitioner and, therefore, the order of dismissal is liable to be set aside. 3. Petitioner was appointed on the post of Assistant Grade III (Depot) and was thereafter promoted to the post of Assistant Grade II (Depot). He got another promotion, which, incidentally is the relevant promotion for purposes of this case. He was promoted to the post of Assistant Grade I (Depot) by the Zonal Manager. 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. 4. It is contended that the impugned order has been passed by opposite j arty No. 3, who is lower in rank than the appointing authority of the petitioner* The question whether the Senior Regional Manager can legally pass tho order of dismissal against an Assistant Grade I was considered by this Court in Writ Petition No. 9043 of 1989 decided on 8-8-1991 also in Writ Petition No. 7240 (SS) of 1991 decided on 1-11-1991 and in both the petitions it was held that Senior Regional Manager had no jurisdiction to dismiss an Assistant Grade I from Borvioe as the appointing authority of Assistant Grade I is the Zonal Manager, who is senior rank than the Senior Regional Manager. 5. This proposition, which has already been decided by this Court in the aforesaid writ petitions, is not disputed by Sri P.N. Mathur. Since I have not been persuaded to take a view contrary to the view expressed in Writ Petition Nos. 9043 of 1989 and 7240(SS) of 1991, 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 again Bt the petitioner as the petitioner's appointing authority is the Zonal Manager, who is higher in rank than the Senior Regional Manager. 6.
9043 of 1989 and 7240(SS) of 1991, 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 again Bt 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 5-12-1991 contained in Annexure-20 is quashed with the direction that the petitioner shall be put back to duty and shall be paid salary regularly every month. The arrears of salary shall also be paid to him.