- (1.) The triable question raised by the contesting parties is as to whether the Regional Employment Officer, Agra Region, Agra was competent to remove/dismiss the petitioner, holding the post of Senior Assistant in the office of the District Employment Office, Mathura, being an authority subordinate to that by which the petitioner was appointed.
(2.) The service condition of the petitioner is governed under U.P. Training and Employment Ministerial Service Rules 1981(Rules 1981).
(3.) The facts of the case, briefly is, that the petitioner was appointed Lower Division Clerk(LDC) in the office of Government Industrial Training Institute (G.I.T.I.), Mathura, subsequently, was promoted to the post of Senior Assistant on 06 December 2006 by the second respondent, Director, Training and Employment, Lucknow(Director). The petitioner while working at Mathura, was placed under suspension on 06 August 2009, charge sheeted on 04 November 2009 containing eight charges issued by the Enquiry Officer, Regional Employment Officer, Jhansi, which was countersigned by the third respondent, Regional Employment Officer, Agra Division, Agra in the capacity of appointing authority/disciplinary authority. Upon conclusion of the enquiry, the third respondent, Regional Employment Officer, Agra Division, Regional Employment Office, Agra by the impugned order dated 24 July 2010 imposed major penalty of dismissal upon the petitioner.;