V GOVINDARAJAN Vs. SURVEYOR GENERAL OF INDIA DEHRADUN

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-

(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 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 30-4-1979 addressed to the Secretary to the Government of India, Department of Science and Technology, the petitioner had quoted the contents of a telegram dated 2, 1978 (sic) and passages from a letter dated, 31-5-1978, 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 posses copies of the same. The said communication was withdrawn as per order dated 27-6-1979 (Annexure III') and a fresh departmental enquiry was instituted on the same charge and a communication of the same date was sent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 he, posts, of Directors. K. Sathyanarayana was appointed as Direct6r by order dated 22-4-1978 (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 or, 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 he said Director was vacant. The said, order is dated 31-5-1979 (Annexure R-1). It readsSurvey of India Surveyor General's office, Post Box No. 37, Dehra Dun (UP) India, Dated the 31st May 1979, 19th Jys 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. KHO SLA, 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.