MAHAVIR SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition seeks a direction that the notification dated 17 September 2013 which amends the definition of "Competent Authority" in Regulation 2(1)(g) of the Sarva U.P. Gramin Bank (Officers and Employees) Service Regulations, 2010 (the Regulations) should be declared ultra-vires the provisions of Article 311 of the Constitution. The petitioner is a Scale-II Officer in the Sarva U.P. Gramin Bank (the Bank). The General Manager of the Bank has granted sanction under Section 19(1) of the Prevention of Corruption Act, 1988 for prosecution of the petitioner. According to the petitioner, such sanction was granted by the General Manager in view of the amended definition of "Competent Authority" in Regulation 2(1)(g) of the Regulations, while it is the Chairman alone who, as the Appointing Authority, could have granted sanction. The submission of learned counsel for the petitioner is that sanction could only be granted by the Appointing Authority and not any Authority lower than the Appointing Authority in view of the provisions of Article 311 of the Constitution.

(2.) Learned counsel for the petitioner has stated that the Appointing Authority of the petitioner under Regulation 2(1)(b) of the Regulations is the Authority prescribed in Regulation 5(1) of the Regulations and Regulation 5(1) provides that the Chairman shall be the Appointing Authority in respect of an Officer and the General Manager shall be the Appointing Authority in respect of an employee. Learned counsel has also pointed out that initially the Competent Authority defined in Regulation 2(1)(g) was the Chairman in respect of the Officers and the General Manager in respect of the employees but subsequently though the Appointing Authority continues to remain the same, the definition of the Competent Authority by notification dated 17 September 2013 has been changed and is as follows:

(3.) It is contention of the learned counsel for the petitioner that the power to remove the petitioner has now been conferred on the General Manager who is subordinate to the Appointing Authority of the petitioner who is the Chairman.