- (1.) The petitioner was working as a conductor under the control of the Uttar Pradesh State Road Transport Corporation. A charge sheet was issued to the petitioner on 22 December 1984 in respect of an alleged act of misconduct. The services of the petitioner were terminated on 23 March 1985. The petitioner challenged the order of termination in a writ petition before this Court. By a judgment and order dated 29 October 1986, a Division Bench of this Court allowed the petition on the ground that the order of termination was passed by an officer who was not the appointing authority and followed an earlier judgment of a Division Bench in Bhopal Singh vs. U.P. State Road Transport Corporation and ors.1 which has been decided on 10 September 1986. The view taken was that the Regional Manager, Assistant Manager or Station Superintendent was not the appointing authority. The order of termination was quashed but, liberty was granted to the authority competent to proceed in the matter in accordance with law. Following the order of the Division Bench, the petitioner was reinstated by the Regional Manager on 13 February 1987.
(2.) The State Legislature enacted the Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) (Appointing Authorities) Act, 1987 which came into force with effect from 19 June 1981 by virtue of provisions of Section 1 (2). Section 2 made a fresh provision in regard to appointing authorities of employees (other than officers) of the Uttar Pradesh State Road Corporation and was in the following terms: "2. Appointing authorities.--The appointing authorities of the employees (other than officers) of the Uttar Pradesh State Road Transport Corporation shall be the Board of Directors of the said Corporation or an officer authorised by the said Board to make appointment and will be deemed always to include any officer authorised by the said Corporation under clause (c) of sub-section (1) of Section 12 of the Road Transport Corporation Act, 1950 (Act No. 64 of 1950), as it stood prior to its amendment by the Road Transport Corporation (Amendment) Act, 1982 (Act No. 63 of 1982)."
(3.) Section 3 was a validating provision to the following effect: "3. Validation of certain acts.--Notwithstanding any judgment, decree or order of any Court, Tribunal or other authority or any provisions of the Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981, no orders made, actions or proceedings taken or jurisdiction exercised on or after June 19, 1981 by the officers authorised as appointing authorities by the Uttar Pradesh State Road Transport Corporation under clause (c) of sub-section (1) of Section 12 of the Road Transport Corporation Act, 1950 shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that such authorised officers were not the appointing authorities.";