RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LIMITED Vs. FAIZUL HASAN & OTHERS

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS intra -court appeal is directed against the order dated 16.10.2014 passed by the learned Single Judge of this High Court whereby he has allowed respondent's S.B. Civil Writ Petition No.1650/2001.

(3.) ORIGINAL respondent, Faizul Hasan was appointed by the Rajasthan Industrial Development and Investment Corporation Limited (in short 'the Corporation') as Senior Assistant on 6.1.1975. Later, vide order dated 30.6.1983 he was promoted to the post of Accountant against the vacancies of the year 1978 -79. Thereafter vide order dated 30.3.1991 he was further promoted to the post of Senior Accountant. Chairman cum Managing Director of the Corporation, however, by his order dated 12.1.2001, compulsorily retired Faizul Hasan. This he did by exercising powers under Rule 36A(ii) of the Rajasthan State Industrial Development and Investment Corporation Limited Employees (Classification, Disciplinary Action and Appeal) Rules, 1969 (in short 'the Rules of 1969'). The order dated 12.1.2001 was also accompanied by banker's cheque of Rs.34,362/ - representing the amount of pay and allowances payable to Faizul Hasan for the notice period. Aggrieved, Faizul Hasan challenged the order of his compulsory retirement dated 12.1.2001 in Writ Petition No.1650/2001 on the ground that Chairman cum Managing Director had no authority to pass the order.