KOMAL PRASAD YADAV Vs. REGIONAL MANAGER

JUDGEMENT

(1.) Heard Sri Rahul Jain, learned counsel for the petitioner. Learned Standing Counsel appearing on behalf of State of U.P. do not propose to file any separate counter-affidavit but adopts the stand taken by respondent Nos. 1, 2 and 3 hence as jointly agree I proceed to decide the matter under the rules of the Court at this stage. A short question up for consideration in this case as to whether the order impugned in this writ petition has been passed by competent authority or not.

(2.) The writ petition is directed against the order dated 30.5.1991 (Annexure 7 to the writ petition) whereby Regional Manager, U.P. State Road Transport Corporation Ltd., Azamgarh by means of impugned order dated 30.5.1991 has imposed punishment of compulsory retirement without payment of gratuity and forfeiture of remaining dues for the period of suspension. The petitioner has been held to be guilty of certain allegations constituting misconduct which is said to have been proved in a departmental enquiry.

(3.) The submission on behalf of the petitioner is that an employee/staff of Uttar Pradesh State Road Transport Corporation (hereinafter referred to as "UPSRTC") could not have been proceeded at the instance of State Government by conducting an enquiry by officers of State Government under U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 and disciplinary authority in UPSRTC cannot act as a rubber stamp to simply pass an order of punishment passed on the enquiry conducted by officers of State Government. It is contended that petitioner was absorbed in UPSRTC and therefore ceased to be governed by provision applicable to the employees of U.P. Government holding 'civil post'.