STATE OF HARYANA Vs. S M SHARMA

JUDGEMENT

(1.) Special leave granted.

(2.) S. M. Sharma is employed as Sub Divisional Officer in the service of the Haryana State Agricultural Marketing Board (the Board). The Chief Administrator of the Board by the order dated June 13, 1991 entrusted Sharma with the current duty charge of the post of Executive Engineer. Later on by the order dated January 6, 1992 the Chief Administrator withdrew the said current duty charge from Sharma and transferred him to Bhiwani. Sharma challenged the order before the High Court by way of a writ petition under Article 226 of the Constitution of India. The High Court by its judgment dated August 20, 1992 allowed the writ petition and quashed the order dated January 6, 1992. This appeal by the State of Haryana is against the judgment of the High Court.

(3.) The constitution and the functioning of the Board is governed by the Punjab Agricultural Produce Markets Act, 1961 (the Act) as applicable to the State of Haryana and by the Rules framed thereunder. Section 3(17)(ii) of the Act empowers the Board to delegate any of its powers to its Chairman, Chief Administrator, Secretary or any of its officers. The Punjab Agricultural Produce Market (General) Rules, 1961 (the General Rules) and the Haryana State Agricultural Marketing Board Service Rules, 1974 (the Service Rules) have been framed under the Act. Rule 4(2) of the General Rules which lays down the functions and powers of the Chief Administrator is as under :