UNION OF INDIA Vs. PRABHAT CHANDRA MALLICK

JUDGEMENT

(1.) Leave granted. Heard counsel for both the parties.

(2.) Pursuant to the disciplinary enquiry held against the respondent, he was dismissed from service by an order dated 12/1/1982 by the Welfare Commissioner (Special Grade) , Coal Mines Welfare Organisation, Dhanbad (5th respondent in the original application and hereinafter referred to as such for the sake of convenience). The respondent challenged the said order by way of an original application before the central Administrative tribunal, Patna. The main ground urged by him was that the order of dismissal passed by the 5th respondent was invalid inasmuch as he was subordinate to the "coal Mines Welfare Commissioner of Coal Mines Welfare Organisation, Dhanbad" who appointed him. The tribunal upheld the said contention, negativing the plea put forward by the appellants, who were respondents in the original application, that the 5th respondent was vested with all the powers of the 3rd respondent. The correctness of the said order is questioned herein.

(3.) The order dismissing the respondent is issued by the "welfare Commissioner (Special Grade) , Coal Mines Welfare Commissioner, Head of the Department, Coal Mines Labour Welfare Organisation (appointing authority) ". The case of the appellants is that the 5th respondent having been declared Head of the Department under Supplementary Rule 2 (10, he exercises all the powers of the 3rd respondent, and, hence, he was competent to pass the order dismissing the respondent. In support of the said contention, the learned counsel for the appellants has placed before us a copy of the order dated 7/2/1980 whereunder the President has declared the 5th respondent as Head of the Department of the Organisation. The order reads as follows: