UNION OF INDIA Vs. PRABHAT CHANDRA MALLICK

JUDGEMENT

(1.) LEAVE granted. Heard counsel for both the parties.

(2.) PURSUANT to the disciplinary enquiry held against the respondent, he was dismissed from service by an order dated January 12, 1982 by the Welfare Commissioner (Special Grade) Coal Mines Welfare Organisation, Dhanbad (5th respondent in the Original Application and hereinafter referred to as such for the sake of convenience). The respondent challenged the said order by way of an Original Application before the Central Administrative Tribunal, Patna. The main ground urged by him was that the order of dismissal passed by the 5th respondent was invalid inasmuch as he was subordinate to the 'Coal Mines Welfare Commissioner of Coal Mines Welfare Organisation, Dhanbad', who appointed him. The Tribunal upheld the said contention, negativing the plea put forward by the appellants, who were respondents in the Original Application, that the 5th respondent was vested with all the powers of the 3rd respondent. The correctness of the said order is questioned herein.

(3.) THE order dated 7.2.1980 read with Supplementary Rule 2 (10) and the Government of India's decision aforementioned clearly discloses that the 5th respondent was declared by the President of India to be the Head of the Department of the said Organisation in which the respondent was serving. In effect, he was the 'Coal Mines Welfare Commissioner of Coal Mines Welfare Organisation', for the purposes of Fundamental Rules and Supplementary Rules. He was therefore competent to dismiss the respondent being his appointing authority.