Allahabad High Court
Jageshwar Prasad ( Senior Clerk) And ... vs State Of U.P. And Others on 2 August, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18 Case :- WRIT - A No. - 44818 of 2010 Petitioner :- Jageshwar Prasad ( Senior Clerk) And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Deepak Verma,Vikas Pandey Respondent Counsel :- C. S. C.,R. A. Gaur Hon'ble Arun Tandon,J.
Learned counsel for the petitioners is directed to implead the Chairman, U.P. State Road Transport Corporation, Lucknow as respodnent no.4 during the course of the day.
Heard learned counsel for the petitioners, Sri R.A. Gaur, learned counsel for the U.P. State Road Transport Corporation and learned Standing Counsel for the State-respondents.
The order of suspension dated 13th July, 2010 is being challenged on the ground that under Rule 67 of the Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981, the power of suspension impugned is vested in the appointing authority alone. The Regional Manager is the appointing authority, therefore, the order impugned passed by Assistant Manager is bad.
Learned counsel for the U.P. State Road Transport Corporation points out that under U.P. Act No. 15 of 1995, the powers of appointing authority have been delegated upon Regional Manager/Assistant Manager, therefore, the assistant manager is also an appointing authority. Order of suspension has been passed by an appointing authority.
In the facts of the present case, the grievance of the petitioners can be more appropriately examined by respondent no. 4 at the first instance.
Accordingly, the present writ petition is disposed of by providing that the petitioners may make a representation, ventilating their grievances, supported by such documents as may be advised, before respondent no.4 within two weeks from today, along with a certified copy of this order. On such representation being made, respondent no.4 shall consider and decide the same, in accordance with law,by means of a reasoned speaking order, preferalby within four weeks from the date the representation is made.
(Arun Tandon, J.) Order Date :- 2.8.2010 Sushil/-