JUDGMENT V.M. Sahai, J.
1. Heard Shri S.K. Tewari, learned Counsel for the petitioner and Shri Rakesh Sharma, learned Counsel appearing for the respondents.
2. The petitioner was appointed as Conductor in U.P. Government Roadways in the year 1960. The petitioner was made permanent on 1.4.1972. U.P. State Road Transport Corporation (hereinafter referred to as Corporation) was created on 1.6.1972 and the erstwhile employees of the U.P. Government Roadways were treated to be on deputation with the Corporation. After departmental disciplinary proceedings by order dated 31.7.1980 the petitioner was removed from service. The petitioner filed an appeal. The appeal of the petitioner was not decided, therefore, he filed Writ Petition No. 6331 of 1987, which was disposed on 10.9.1987 with a direction to the respondents to decide the appeal within four weeks. The appeal of the petitioner was rejected by order dated 19.1.1988/ 25.1.1988.
3. The learned Counsel for the petitioner has urged that petitioner's service had been terminated by an employee of Corporation, who had been appointed in the Corporation after 1.6.1972, therefore, he had no jurisdiction to terminate the service of an employee of U.P. Government Roadways who was on deputation with the Corporation. This has been disputed by Shri Rakesh Sharma learned Counsel for the respondents.
4. In Paragraph 11 of the writ petition the petitioner has clearly stated that Assistant Regional Manager, Shri Dharamraj Singh was the appointee of Corporation and was a Corporation employee and therefore, was not competent to issue the charge-sheet to the petitioner who was a Government servant. Paragraph 11 of the writ petition has been replied by the respondents in Paragraph 7 of the counter-affidavit wherein it had not been denied that Shri Dharamraj Singh was an employee of Corporation. It had been stated that the petitioner was also an employee of Corporation. The statement of fact mentioned in Paragraph 7 of the counter-affidavit is not correct. All the employees of erstwhile U.P. Government Roadways were, on the deputation with the Corporation and they continued on deputation with the Corporation till The Uttar Pradesh State Roadways Organisation (Abolition of Posts and Absorption of Employees) Rules, 1982 which came into force on 28.4.1982. Prior to it all the employees of the erstwhile U.P. Government Roadways were on deputation with the Corporation. Therefore, the petitioner who was on deputation with Corporation could not be removed from service by an employee of the Corporation. He could only be removed by an officer who was an erstwhile employee of U.P. Government Roadways and was on deputation with the Corporation. Since, the Assistant Regional Manager who removed the petitioner from service was not an erstwhile employee of U.P. Government Roadways, the removal order passed by Shri Dharamraj Singh, Assistant Regional Manager is without jurisdiction. The order of the Appellate Authority would also fall on this ground. Therefore, these orders cannot be maintained.
5. In the result, the writ petition succeeds and is allowed. The order dated 31.7.1980 passed by respondent No. 3, Annexurc-2 to the writ petition and the Appellate Order dated 19.1.1988, passed by respondent No. 6 to the writ petition are quashed. The petitioner is entitled for reinstatement with entire arrears of salary. Since, the petitioner has already attained the superannuation, the respondents are directed to calculate the entire salary of the petitioner from the date he was terminated from service and pay the same to the petitioner alongwith other post retiral benefits within a period of four months from the date a certified copy of this order is produced before respondent No. 1.
6. Parties shall bear their own costs.