C M PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari to quash the order dated 26/28th June, 1999, Annexure-6 to the petition by which the service of the petitioner as Officer on Special Duty (Legal) in the service of the Mandi Parishad, U. P. was terminated. The petitioner'has also claimed a writ of mandamus restraining the respondents from interfering with the functioning of the petitioner as O.S.D. (Legal).

(2.) The petitioner was appointed as Administrative Officer in Hindustan Vegetables Oil Corporation Ltd. which is a Government of India undertaking at Bombay Unit and he was promoted as Senior Administrative Officer in the pay scale of Rs. 2,400-4,320 from 24.2.1989. Subsequently, the petitioner Joined as Manager (Administration) w.e.f. 1.1.1994 in Consolidated Containers (India) Ltd. at Bombay on the basic pay of Rs. 10,000 per month plus allowances and other perquisites. It is alleged In paragraph 5 of the petition that the Director, Mandi Parishad in order to reorganize the legal cell proposed to have a full fledged legal section and hence vide order dated 1.1.1996 he established a Legal Cell with one Law Officer at the Head Quarter as well as one law officer at Meerut and Kanpur. For Allahabad, it was noted that the seat of the High Court is at Allahabad and hence one officer be posted at Allahabad. True copy of the order dated 1.1.1996 Is Annexure-1 to the writ petition.

(3.) The petitioner applied for appointment as an officer in legal matter at Allahabad. The respondent No. 2 recommended that a post of Officer on Special Duty (Legal) in the pay scale of Rs. 2,200-4,000 be created at Allahabad. After perusing the particulars rendered by the petitioner, the respondent No. 2 recommended that on the said post which is to be created, the petitioner may be appointed as he is highly qualified and experience holder. In paragraph 8 of the petition, it is alleged that the Mandi Parishad in its meeting held on 8.4.1996 delegated the powers to approve creation of the post to the Chairman of the Mandi Parishad who is also holding the post of Agriculture Production Commissioner, U. P. In paragraph 9, it is alleged that the Chairman, Mandi Parishad on 5.6.1996 approved the proposal dated 4.6.1996 regarding appointment of the petitioner on the post of O.S.D. (Legal). Consequently, the respondent No. 2 Issued appointment letter dated 7.6.1996 appointing the petitioner on the post of O.S.D. (Legal) and the petitioner was placed on one year probation. True copy of the appointment letter dated 7.6.1996 is Annexure-2 to the petition. In paragraph 11. it is alleged that to strengthen the functioning of the legal branch and for effective pairvi of the cases filed in Allahabad High Court, the respondent No. 2 also established a separate office for O.S.D. (Legal) at Allahabad and also conferred drawing and disbursing power upon him along with the Regional Accounts Officer, Mandi Parishad, Allahabad. True copy of the office order dated 12.9.1996 is Annexure-3 to the petition. In paragraph 12, it is alleged that separate budget was also allocated to the petitioner for running the office and he was conferred power to sanction leave of subordinate staff working under the petitioner. True copy of the order dated 6.11.1996 is Annexure-4 to the petition.