STEEL AUTHORITY OF INDIA Vs. R K DIWAKAR

JUDGEMENT

(1.) A common question of law arises out of these two appeals. As a matter of fact, the High Court disposed of the two Miscellaneous Petitions by one order.

(2.) The appellant framed charges against the first respondent in each of the appeals for certain alleged misconduct committed by them. The charge-sheets were issued by the Director, Medical and Health Services of the appellant. The delinquents challenged the charge-sheets on the only ground that their appointing authority/disciplinary authority being the Managing Director of the appellant, the charge memo issued by the Director, Medical and Health Services was invalid and of no consequence. The appellant, however, justified the issue of charge-sheet by the Director, Medical and Health Services on the ground that the powers to initiate disciplinary action had been delegated to the Head of the Department who enjoys a rank of General Manager. The Director, Medical and Health Services, who issued the charge memos, admittedly come under the category of controlling authority.

(3.) The High Court did not accept the contention of the appellant (respondent before the High Court) stating that the delegation of power has not been established.