Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1981 New Okhla Industrial Development Authority Service Regulations 1976 U.P. Industrial Development Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Uttar Pradesh Industrial Area Development Act, 1976 (6 of 1976) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | New Okhla Industrial Development Authority Service Regulations, 1981 – Regn. 16 – U.P. Industrial Development Act, 1976 – ss.3, 5 and 19 – Respondent no. 4 was appointed on the post of Project Engineer (Electrical) on deputation in NOIDA and was subsequently absorbed – Appellants filed writ petition laying challenge to the appointment of respondent no. 4 – The High Court dismissed the writ petition – On appeal, held: s.5 of the Act of 1976 makes it clear that the power of appointment of officers and employees lies with the Authority subject to such control and restrictions as may be determined by general or special orders of State Government – Regn. 16(1)(c) of the 1981 Regulations gives express power to the NOIDA to make appointment on deputation which is one of source recognized under the sources of recruitment – Once the deputation as a source of recruitment is available under the Rules of Recruitment, there is no impediment in assuming the power of absorption of a deputationist with the Authority by necessary intendment or implication, under Act of 1976 and 1981 Regulations framed thereunder – Besides, in view of the provisions of s. 80 of 1981 Regulations r/w. s.41 of U.P. Urban Planning and Development Act, 1976, not only respondent no. 2 is bound by every direction issued by the State Government from time to time, the appointment of respondent no. 4 in NOIDA on deputation and his subsequent absorption under the orders of the State Government cannot be faulted with or can be held to be in violation of 1981 Regulations. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2020 INSC 102 |
Petitioner | Shripal Bhati And Anr. |
Respondent | State Of U.p. And Ors. |
SCR | [2020] 1 S.C.R. 542 |
Judgement Date | 2020-01-29 |
Case Number | 802 |
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