Court No. - 16
Case :- WRIT - A No. - 7567 of 2018 Petitioner :- Shree Narain Singh Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arun Kumar Misra,Sr. Advocate Ashok Khare Counsel for Respondent :- C.S.C.,Manish Goyal
Hon'ble Ashwani Kumar Mishra,J.
While entertaining this writ petition, on 21.3.2018, the following order was passed:
"Submission is that District Magistrate, Firozabad has no jurisdiction to pass the order impugned. It is also contended that the Assistant Commissioner, Income Tax otherwise cannot be the inquiry officer appointed in the matter. Grievance is that petitioner cannot be attached to the Collectorate as has been done under the orders of the District Magistrate.
Learned Standing counsel may obtain instructions from the respondent concerned.
Post as fresh, once again, on 19.3.2018."
Learned Standing Counsel has obtained instructions as per which the District Magistrate being the senior most officer of the State has administrative control overall the department and, therefore, she can pass the order.
Learned counsel for the petitioner points out that the respondent No. 5, i.e., District Magistrate is neither the appointing authority of the petitioner nor is the disciplinary authority and, therefore, the District Magistrate, Firozabad, has no jurisdiction to pass the order impugned.
Prima facie, it appears from the instructions produced that the District Magistrate, Firozabad, has failed to take note of the fact that it is the disciplinary authority, which is the competent to take any action against the petitioner. Although, respondent No. 5 can get facts investigated but when it comes to posting of the petitioner or taking of any disciplinary action against him, such an action can be taken only by the authority competent.
Apparently, there is no provision under which the District Magistrate can exercise disciplinary control over an employee engaged in the office of District Inspector of Schools.
Matter requires consideration.
Notice on behalf of respondent Nos. 1 to 5 and 7 to 8 are accepted by learned Standing Counsel.
All respondents may file counter affidavit within six weeks.
Petitioner will have two weeks thereafter to file rejoinder affidavit.
Till the next date of listing, effect and operation of the order dated 19.2.2018, passed by District Magistate, Firozabad, whereby the petitioner has been directed to be attached to the Collectorate, Land Revenue Department, shall be kept in abeyance.
It is made clear that this order shall not prevent the disciplinary authority from passing needful orders in accordance with law.
Order Date :- 27.3.2018 LN Tripathi