U.K.DHAON, R.P.YADAV, JJ. - (1.) HEARD Sri Raghvendra Singh, learned Counsel for the petitioner, learned Standing Counsel appearing for opposite party No. 1 and Ms. N. Srivastava, learned Counsel appearing for opposite party No. 2.
(2.) THE petitioner, who is an Assistant Engineer in the U.P. Rural Housing Board, has approached this Court through this writ petition under Article 226 of the Constitution of India for quashing of the suspension order dated 6.7.2005 passed by the opposite party No. 1 as contained in Annexure No. 1 to the writ petition. Undisputed facts, giving rise to this petition, may be briefly stated as follows : "U.P. Rural Housing Board (for short the "Board") has been constituted under Section 3 of the U.P. Rural Housing Board Act, 1983 (hereinafter referred to as the Act), which consists of a Chairman and prescribed number of members Rural' Housing Commissioner appointed under Section 10 of the Act, is an ex off member of the Board."
(3.) SECTION 11 of the Act, provides for appointment of officers and servants of the Board. Under Section 12 of the Act control over such employees of the Board is vested in the Rural Housing Commissioner, who has also been delegated by the Board with the powers of the appointment of the officers and servants of this Board in exercise of the powers under Section 13 of the Act.;