ASHOK KUMAR Vs. DIRECTOR, LOCAL BODIES, LUCKNOW
LAWS(UTN)-2001-8-15
HIGH COURT OF UTTARAKHAND
Decided on August 09,2001

ASHOK KUMAR Appellant
VERSUS
Director, Local Bodies, Lucknow Respondents

JUDGEMENT

P.C.VERMA, J. - (1.)SINCE both these writ petitions are connected with each others, hence both are being disposed of by a common order.
(2.)PETITIONER Ashok Kumar filed this writ petition seeking writ of mandamus to allow him to join in the office of Nagar Palika Parishad, Nainital as he has been sent on deputation by the Commissioner, Kumaon Division. Nainital from Nagar Palika Parishad. Rudrapur (Udham Singh Nagar). According to the learned counsel for the petitioner, the Commissioner exercises the delegated power conferred upon him by the State Government and in exercise of that power. Commissioner has sent the petitioner on deputation in the office of Nagar Palika Parishad. Nainital.
The learned counsel for the petitioner failed to point out any direct provision providing for delegation of power by the State Government to the Commissioner delegating the power of the appointing authority, but relied on Section 327 of U. P. Municipalities Act, 1916, which reads as under : '327. Delegation of powers by the State Government. - -The State Government may, by notification, delegate to the Prescribed Authority in respect of any specified municipality or municipalities within his or its jurisdiction any one or more of the powers vested in it by this Act, with the exception of the powers detailed in Schedule VII.'

(3.)SECTION 327 is in statute since 1916, while the provision for creation of Centralization of Services of Municipal Officers and Servants has been added by inserting Section 69B of U. P. Municipalities Act, 1916 in the year 1966 and in this section, there is no provision authorising the State Government to delegate its power to the Commissioner while creating the U. P. Palika (Centralised) Services Rules. 1966. Under the Rules framed under Section 69B, there is not direct provision for delegation of power of appointing authority by the State Government to the Commissioner.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.