KASHI PRASAD MISHRA Vs. DEPUTY GENERAL MANAGER CENTRAL ZONE U P S R T C
LAWS(ALL)-2002-10-82
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on October 25,2002

KASHI PRASAD MISHRA Appellant
VERSUS
DEPUTY GENERAL MANAGER, CENTRAL ZONE, U.P.S.R.T.C. Respondents

JUDGEMENT

V.M.Sahai, J. - (1.) Heard Shri S.K. Tewari, learned Counsel for the petitioner and Shri Rakesh Sharma, learned Counsel appearing for the respondents.
(2.) The petitioner was appointed as Conductor in U.P. Government Roadways in the year 1960. The petitioner was made permanent on 1.4.1972. U.P. State Road Transport Corporation (hereinafter referred to as Corporation) was created on 1.6.1972 and the erstwhile employees of the U.P. Government Roadways were treated to be on deputation with the Corporation. After departmental disciplinary proceedings by order dated 31.7.1980 the petitioner was removed from service. The petitioner filed an appeal. The appeal of the petitioner was not decided, therefore, he filed Writ Petition No. 6331 of 1987, which was disposed on 10.9.1987 with a direction to the respondents to decide the appeal within four weeks. The appeal of the petitioner was rejected by order dated 19.1.1988/ 25.1.1988.
(3.) The learned Counsel for the petitioner has urged that petitioner's service had been terminated by an employee of Corporation, who had been appointed in the Corporation after 1.6.1972, therefore, he had no jurisdiction to terminate the service of an employee of U.P. Government Roadways who was on deputation with the Corporation. This has been disputed by Shri Rakesh Sharma learned Counsel for the respondents.;


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