UNION OF INDIA Vs. FATAH CHAND NAGAR

JUDGEMENT

(1.) The pivotal point raised in the instant writ petition at the behest of the writ petitioner, the Union of India, relates to the competence of an authority conferred upon the Financial Advisor and Chief Executive Officer (in-charge) to act as a commissioner to inflict the penalty by way of a compulsory retirement of the respondent in a disciplinary proceeding.

(2.) In order to have the clarity in the points indicated above, the salient facts emerged from the record are required to be adumbrated as under:

(3.) A little prelude to the ultimate stand taken by the respondent is required to be recapitulated because of the event having taken place in relation to the said Commission. By virtue of a Notification dtd. 14/10/2004 issued by the Ministry of Agro and Rural Industries, Government of India, the Central Government decided to dissolve the Khadi and Village Industries Commission established under Sub-Sec. 1 of Sec. 4 of the Khadi and Village Industries Commission Act, 1956 with effect from the said date. The said Notification further provides that all properties and funds which were immediately before the date of dissolution of the Khadi and Village Industries Commission shall henceforth vest in the Central Government and all the members including the Chairman of the Khadi and Village Industries Commission shall vacate the respective offices.