Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1975 Uttar Pradesh Co-operative Societies Employees Service Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Co-operative Societies Employees Service Regulations, 1975: Regn. 87 – Prior approval – Administrative Committee in exercise of powers conferred under r.10 r/w proviso to r.15 passed office order on 8.8.2016 that prior to imposing of penalty, the approval of Dairy Milk Commissioner/Registrar would be mandatory – In terms of the said Circular, the order of punishment was passed against respondent-employee after approval from the Dairy Milk Commissioner discharging functions as the Registrar – Challenge against – Held: The exercise of the powers under the Act are conferred by designation – The prior approval of the punishment is by the Registrar – If, incidentally, the person holding the post of Registrar is also Chairman of the Administrative Committee, it cannot be said to be illegal as he is exercising the powers of Registrar as well as of the Chairman of the Administrative Committee in terms of the Act or the Rules – The Chairman is the Disciplinary Authority in terms of proviso to r.15 of the Dairy Service Rules – Though, the Administrative Committee has resolved that the approval of the Dairy Milk Commissioner/Registrar would be mandatory, but such Resolution has to be read in the context of proviso to r.15 which confers jurisdiction on Chairman of the Administrative Committee to be a Disciplinary Authority – Since the Chairman of the Administrative Committee happens to be the Registrar, the decision to impose punishment may not require prior approval – However, if prior approval has been sought from the office of Registrar, that will not vitiate the proceedings – There is nothing wrong in the exercise of power by the Chairman of the Committee – Thus, there is no error in the order of punishment passed by the Administrative Committee – Uttar Pradesh Co-operative Dairy Federation and Milk Union Centralised Service Rules, 1984 – ss.10, 15. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 202 |
Petitioner | Chairman Administrative Committee U.p. Milk Union & Dairy Federation Centralized Services |
Respondent | Jagpal Singh |
SCR | [2021] 3 S.C.R. 729 |
Judgement Date | 2021-03-23 |
Case Number | 49 |
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