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NITYA NAND CHAUBEY versus DEPUTY REGISTRAR, REGIONAL ADMIN. COMMITTEE, VARANASI & ORS.

High Court of Judicature at Allahabad

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Nitya Nand Chaubey v. Deputy Registrar, Regional Admin. Committee, Varanasi & Ors. - WRIT - A No. 28722 of 2003 [2003] RD-AH 198 (10 July 2003)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

CIVIL MISC. WRIT PETITION NO. 28722 OF 2003

Nitya Nand Chaubey ......... Petitioner

Vs.

Deputy Registrar, Regional Administrative Committee,

Varanasi & Ors ......... Respondents

-------

Hon. Dr. B.S. Chauhan, J.

Hon. D.P. Gupta, J.

(By Hon'ble Dr. B.S.Chauhan, J.)

This writ petition has been filed challenging the order dated 05.03.2002 passed by the Appellate Authority, observing that he did not have the jurisdiction to entertain the appeal.

Facts and circumstances giving rise to this case are that the petitioner, who had been a Secretary of the Primary Cooperative (Agricultural Loan) Societies stood transferred by the Competent Authority, but did not join at the transferred place for one and a half years, and as the approval of his appointment had not been accorded by the Competent Authority, his services stood terminated vide order dated 30th July, 1985. Being aggrieved, he preferred an appeal which remained pending for a long time, and as the same was not disposed of he filed a writ petition before this Court and the same stood disposed of vide order dated 21.7.1999, issuing a direction to respondents to decide the appeal. In pursuance thereof, the appeal has been dismissed vide order dated 5.3.2003 as not maintainable. Hence this petition.

The appeal of the petitioner stood dismissed on the ground that it could be entertained only if the removal is a consequence of disciplinary proceeding. In the instant case though for a misconduct of remaining absent from duty for one- and a half years and not joining at transferred place after transfer, disciplinary proceeding could be initiated, but termination is based on non-approval of the initial appointment. The appellate authority has rightly held that appeal was not maintainable as it had competence to entertain an appeal only if the termination/removal is a consequence of disciplinary proceeding.

Thus, we see no ground to interfere with the order passed by the appellate authority. The petition is, accordingly, dismissed.

10.7.2003

AKSI

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