- (1.) By the impugned order dated 26th September, 2003 [Annexure-1] the State Government in exercise of powers conferred under Section 6(3) of theU.P. Water Supply Sewerage Act, 1975 cancelled the order dated 26.7.2002 by means of which the State Government took a policy decision of fixing threeyears tenure for the post of Managing Director of U.P. Jal Nigam with effectfrom the date of its publication in the official Gazette. On the same day i.e.26.9.2003 the Secretary to the Government in Urban Development issued an order [Annexure-2] communicating the Chairman of the U.P. Jal Nigam and other authorities that period of three years fixed for the post of ManagingDirector has been cancelled and in the process the petitioner is relieved fromthe post of Managing Director of U.P. Jal Nigam with immediate effect. On thevery same day i.e. 26.9.2003, the Chairman of the U.P. Jal Nigam issued anoffice memorandum [Annexure-3] mentioning therein that the petitioner hasbeen relieved from the post of Managing Director in pursuance of the orderno. 4092/Nau-3-2003-18C/91 and the Chairman himself took the charge of thepost of Managing Director till further orders. On the next day i.e. 27.9.2003,the Chairman issued an office memorandum by which one Sri Ramesh Chandra Asthana, Chief Engineer, Level-I was given the additional charge ofthe post of the Managing Director, U.P. Jal Nigam.
(2.) The aforesaid orders have been challenged by the petitioner ArvindNath in writ petition no. 1309/SB/2004; primarily on the ground that theauthorities have acted arbitrarily and malafidly while passing the impugnedorders which have been passed just to give undue advantage to the oppositeparty no.5 and in total disregard of the principles of natural justice.Writ Petition No. 452/SB/2004 has been filed by Sri Devendra PalSharma and Sri Rajendra Kumar Khanna being aggrieved by the action of the opposite parties 1 to 3 in not making regular selection on the post of ManagingDirector of the U.P. Jal Nigam according to the procedure prescribed by U.P.Jal Nigam (Procedure for Selection to the post of Managing Director) Rules,2002[ hereinafter referred to as the Rules, 2002] and allowing the junior mostChief Engineer [Level-I], namely, Atul Krishna-[ opposite party no.4] toofficiate as Managing Director by an authority, who is incompetent to passsuch an order.
(3.) Sri Atul Krishna, Chief Engineer Level-I has also filed a writ petitionno. 468/SB/2004 for quashing the order dated 20th October 2003 and the orderdated 22nd October 2003 whereby the order appointing the petitioner on thepost of Managing Director has been kept in abeyance till further orders by theState Government.;