- (1.) This judgment disposes of Civil Writ Petition Nos. of 14836 of 1993 and 14837 of 1993 as common question of law arises for determination.
(2.) The petitioners have challenged the orders issued by the Senior Regional Manager, Food Corporation of India placing them under suspension as disciplinary proceedings were contemplated against them.
(3.) A reference to the relevant facts has been made from the pleadings in Civil Writ Petition No. 14836 of 1993. Petitioner No. 1 was promoted to officiate as Assistant Grade-I (Depot) on purely ad hoc basis vide Order No. A.7 (14)71-CORD. ND. Vol. II/dated November 4, 1971. The order was issued by the Deputy Manager (Admn.) for Zonal Manager (North). He was directed to report for duty to the Senior Regional Manager. The Senior Regional Manager, Regional Office, Chandigarh posted him at Amritsar vide order No. A/8(22)/71, dated November 10, 1971. The Senior Regional Manager vide order No. GIG. 21 (RII-12017/93/8156), dated 19,11.93 placed him under suspension in exercise of powers conferred in para 66(iXa) of F.C.I. (Staff) Regulations, 1971 as disciplinary proceedings were contemplated against him. The order of suspension was challenged on the ground that it was not issued by the competent authority. The petitioner's counsel ys that the petitioner was promoted as Officiating Assistant Grade-I (Depot) by the Zonal Manager and as such, he was competent to suspend him.;