BABOO RAM YADAV Vs. COLLECTOR, BAHRAICH AND ANOTHER

JUDGEMENT

(1.) The petitioner is Collection Amin in district Baharaich who challenged the order dated 21st June, 1979, passed by the Collector, Bahraich terminating his services. Although number of grounds have been taken by the petitioner, but he has challenged the jurisdiction of the Collector/District Magistrate by way of amendment who terminated the services of the petitioner. Learned counsel cited two decisions of this Court in Writ Petition No. 1590 of 1979 : Ram Pher Vs. Collector Baharaich and others and Writ Petition No. 2301 of 1979: Gomti Prasad Verma Vs. State of U.P., decided on 4-3-1986. In the similar circumstances the Division Bench has taken the view that the District Magistrate has no jurisdiction whatsoever to terminate the services of Collection Amins under Rule 19-A of the U.P. Collection Amins Services (Third Amendment) Rules. Under the said Rules only the Sub-divisional Magistrate/Sub-divisional Office has got power to terminate the services of Collection Amins and no such power has been conferred upon the District Magistrate by the State Government under the aforesaid Rule.

(2.) In view of the fact that the authority which terminated the services of the petitioner was not competent to do so, the writ petition is allowed and the order dated 21st June, 1979 contained in Annexure-1 passed by Collector Bahraich is quashed. No order as to costs. Petition allowed.