D.S. Sinha, J. - (1.) HEARD Shri Atul Mathur, holding brief of Shri D.P. Singh, learned counsel appearing for the petitioner and Shri Narendra Kumar Pandey, holding brief of Shri Anjani Kumar, learned counsel representing the District Co -operative Bank, Fatehpur, the respondent No. 2. The order dated 16th April, 1970, passed by the Administrator of the District co -operative Bank, Fatehpur, purporting to terminate the services of the petitioner as Co -operative Supervisor, is under challenge in this petition under Article 226 of the Constitution of India
(2.) THE petitioner assails the impugned order on the following two grounds (a) that the Administrator of the District Co -operative Bank, Fatehpur had no power to pass the order, and (b) that the order was passed in violation of the principles of natural justice To meet the challenge of the petitioner, learned counsel for the respondent No. 2 has placed reliance upon sub -section (5) of Section 35 of the U.P. Co -operative Societies Act, 1965 (hereinafter called the Act), and the factual averments made in paragraph 13 of the counter affidavit, filed on behalf of the respondent No. 2
(3.) THE provisions of U.P. Co -operative Societies Employee's Service Regulations, 1975 (hereinafter called the Regulations) govern and regulate the matters relating to penalties and disciplinary proceedings against the Co -operative Supervisor Clause (b) of Sub -Regulation (iv) of Regulation 84 of the Regulations provides that no employee shall be removed or dismissed by an authority other than by which he was appointed unless the appointing authority has made prior delegation of such authority to such other person or authority in writing. Thus, the power of removal or dismissal can be exercised either by the appointing authority or by such other person or authority to whom the appointing authority delegates his power of removal and dismissal.;