UNION OF INDIA Vs. MALTI SHARMA

JUDGEMENT

(1.) The Appellant No. 2 herein is a statutory body constituted under the Council Act (for short "the Act"). It exercises statutory powers. Section 13 of the Act reads as under

(2.) Five posts of Zonal Inspector were created by the Executive Council in terms of a Resolution dated 22.2.1965. The Appellant No. 1 herein was approached by the Appellant No. 2 for creation of five permanent posts of Inspector but only one regular post of Inspector was sanctioned. The Respondent herein was appointed as an Inspector on an adhoc basis on 1.6.1992. He was later on selected on a regular basis. His selection was approved by the General Body of the Council in the year 1994. She was put on probation for a period of two years. On 3.4.1996, she was asked to submit a self-appraisal report. However, without waiting for the receipt thereof, recommendation was made on or about 8.4.1996 by the Departmental Promotion Committee that her services might not be confirmed. On 9.4.1996, the Respondent submitted her self-appraisal report. On the same day, her services were terminated with immediate effect by an order of the President of the Council although admittedly the Executive Council alone had jurisdiction in relation thereto. A writ petition was filed by the Respondent questioning the said order of termination dated 9.4.1996. Only during pendency of the said writ petition, the Executive Committee ratified the order passed by the President of the Council dated 8.5.1996 which was in turn ratified by the General Body on 5.7.1996. An affidavit was filed by the Appellant herein stating:

(3.) From the said affidavit, therefore, it would appear that merely nomenclature of the post of Inspector had been changed to that of Assistant Secretary. In support of the said allegation, no record was produced. The learned Single Judge of Delhi High Court upon hearing the parties reserved its judgment on 16.2.1998.