SURAJSINGH A. YADAV Vs. SURAT MAHANGARPALIKA

JUDGEMENT

(1.) In the present writ petition filed under Article 226 of the Constitution of India, the petitioner is praying for quashing and setting aside the inquiry officer's report, order dtd. 28/5/2004 dismissing the petitioner from service and the order dtd. 12/12/2019 rejecting the appeal of petitioner. FACTS AND SUBMISSIONS:

(2.) The brief facts giving rise to filing of the present petition are that the petitioner was appointed as a Security Supervisor on 22/9/1997, in Watch and Ward Department of the Surat Mahanagarpalika. The petitioner was appointed formerly in the Army as a Sepoy on 27/2/1974. During the service, as Subedar, in the year 1991, the petitioner was operated for the Structure Urethra at Military Hospital, Jalandhar. Thereafter, the case of the petitioner was examined by the Medical Board and he was declared as unfit for Defence Security Corps (DSC).

(3.) Learned Advocate Mr. Mukesh Patel appearing for the petitioner, has raised a preliminary contention with regard to the jurisdiction and power of the Deputy Commissioner (Special), who has passed the impugned order. It is submitted that the appointing authority in the case of the petitioner is Commissioner, whereas the whole issue has been taken over under the name of Deputy Commissioner (Special) and the termination order has been issued by the Deputy Commissioner (Special). He has submitted that it is settled legal position that a person below the rank of appointing authority cannot pass any order of termination. It is submitted that the post of Deputy Commissioner (Special) is below the rank of appointing authority i.e. Commissioner, hence the impugned order is passed without authority of law.