K.N. Misra, J. - (1.) Leared learned counsel for the parties. The petitioner was appointed as Collection Amin vide order dated 28th October, 1976 passed by the Sub-Divisional Officer, Kaiserganj, who was the appointing authority. The petitioner's services have been terminated by the impugmu order dated 21st June, 1979 passed by the District Magistrate, Bahraich. This order has been challenged in this writ petition.
(2.) Learned counsel for the petitioner, Sri Pankaj Nath, urged that the impugned order deserves to be quashed as the Collector is not the appointing authority, and, as such, he could not exercise jurisdiction in passing the order of termination. To reply learned standing counsel urged that since the Collector is over-all in charge of the district administration, and, as such, he could terminate the services of the Collection Amins working in the district although they were appointed by the Sub-Divisional Officer. We have carefully considered the arguments advanced by the learned counsel for the parties and we find much substance in what has been urged by the learned counsel for the petitioner.
(3.) It is well settled that the services of an employee can be terminated only by the appointing authority. In this case, the Sub-Divisional Officer is the appointing authority and this fact has not been disputed by the opposite parties that the order of appointment was passed by the Sub-Divisional Officer, Kaiserganj, Bahraich and the Collector has not been delegated the power as appointing authority under Rule 19-A of the U.P. Collection Amins Services (Third Amendment) Rules. The Collector, therefore, could not exercise powers in passing the impugned order of termination. In the absence of delegation of power under the aforesaid provisions, the Collector could not assume power for terminating the services of Collection Amins being in-charge of the district Administration. The services of an employee could only be terminated by the appointing authority. Thus, in the present case, the order of termination dated 21st June, 1979, contained in Annexure No. 4, passed by the District Magistrate, Bahraich, cannot be sustained being without jurisdiction.;