GOVINDARAJA V Vs. SUVEYOR GENERAL OF INDIA

JUDGEMENT

(1.) In this writ petition, in which a civil servant of the Central Government in the Survey Department is questioning the legality of the initiation of disciplinary proceedings against him, the following question of law arises for consideration: Whether the order made by the Surveyor General of India (Head of the Department) authorising the Director, South Central Circle, Hyderabad, to exercise disciplinary powers exercisable by the Director Southern Circle, Bangalore, under whose jurisdiction the petitioner is working - (i) falls within rule 15 of the Fundamental Rules which provides for transfer of an officer from one post to another, which power has been delegated to the Head of the Department and, therefore, valid? or (ii) falls within rule 49 of the, Fundamental Rules, which provides for combination of appointments which power, in relation to the category of posts concerned in this case, has not been delegated to the Head of the Department and, therefore, invalid?

(2.) The facts of the case to the extent necessary for the disposal of this case are as follows: The petitioner is a Senior-scale Stenographer in the Survey Department of the Central Government. During the year 1979, he was working in the office of the Director, Southern Circle, Bangalore. A departmental enquiry was instituted against him as per communication dated 8-5-1979 (Annexure 'F'). The misconduct alleged against the petitioner was that in a representation dated 30-4-79 addressed to the Sercetary to the Government of India, Department of Science and Technology, the petitioner had quoted the contents of a telegram dated 1-2-78 and passages from a letter dated 31-5-78, both of which had been sent by the Director, Southern Circle, Bangalore, to the Surveyor General of India, though the petitioner was not authorised to have access or to possess copies of the same. The said communication was withdrawn as per order dated 27-6-79 (Annexure 'H') and a fresh departmental enquiry was instituted on the same charge and a communication of the same date was sent to the petitioner (Annexure 'J'), The relevant portion of the communication reads: -

(3.) The stand taken on behalf of the respondents is as follows: The President of India is the appointing authority for the posts of Directors. K. Sathayanarayana was appointed as Director by order dated 22-4-78 (Annexure P-5) . He had been posted as Director of South Central Circle, Hyderabad. The Head of the Department, namely, the Surveyor General of India had authorised K. Sathyanarayana, Director South Central Circle, to exercise the powers of the appointing authority, in respect of officials in the office of the Director of Southern Circle, Bangalore, as the office of the said Director was vacant. The said order is dated 31-5-79 (Annexure R-1). Survey of India, Surveyor General's office, Post Box No. 37, Dehra Dun (UP) India, Dated the 31st May 1979 19th Jyst 1901 (Saka) Office Memorandum No. E2-28740| 1442. Shri K. Satyanarayana, Director, South Central Circle, Survey of India, Hyderabad, is hereby authorised to exercise the powers of the "Appointing Authority" in respect of Group 'C' employees of Southern, Circle, Survey of India, Bangalore with immediate effect till such time the post of Director, Southern Circle is taken over by regular incumbent. Sd,-K. L. KHOSLA, Major General Surveyor General of India." In view of the specific authorisation, the contention urged for the petitioner that the initiation of disciplinary proceedings against him by K. Sathyanarayana, Director, South Central Circle, Hyderabad, was without authority of law, is untenable.