Ram Sureman vs Union Of India Thru Secretary ...
2011 Latest Caselaw 6274 ALL

Citation : 2011 Latest Caselaw 6274 ALL
Judgement Date : 1 December, 2011

Allahabad High Court

Ram Sureman vs Union Of India Thru Secretary ... on 1 December, 2011

Bench: Sunil Ambwani, Manoj Misra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - A No. - 64811 of 2011
 

 
Petitioner :- Ram Sureman
 
Respondent :- Union Of India Thru Secretary Deptt. Of Agricultre & Others
 
Petitioner Counsel :- Manu Singh
 
Respondent Counsel :- A.S.G.I.,C.S.C.,Rohit Agarwal
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Manoj Misra,J.

The petitioner is challenging the transfer order as well as suspension order.

Shri Ashok Khare, Senior Advocate submits that the petitioner was transferred to Narayanpura Toll Plaza, Udaipur, Rajasthan to perform the duties, which are not in the normal line of duties to be performed by the Branch Manager of the Society (a Multi State Society). He further submits that the Managing Director does not have the authority to pass the transfer order, and the suspension order in the disciplinary proceedings.

Shri Shashi Nandan, Senior Advocate assisted by Shri Rohit Agarwal appearing for Sahkari Awas Nirman Evam Vitt Nigam Limited-respondent nos. 5 and 6 submits that in terms of Para 5.A.18 the society is authorised to carry on all such activities relating to construction and maintenance of BOO and BOT basis or any other such transfer, and that the collections of toll at the Toll Plaza constructed by National Highway Authority of India is included in the aims and objects of the society for which the society has entered into a contract with the National Highway Authority of India. Shri Shashi Nandan also submits that the Managing Director has been delegated the powers of disciplinary enquiry by the Board of Directors. He has specifically pointed out to charge no. 5 in the charge sheet in which it is alleged that the petitioner entered in special general meeting of the Board on 31.5.2011, shouted slogans and disturbed the proceeding.

Let the respondent nos. 4 and 5 file counter affidavit within two weeks. The petitioner will have three days thereafter to file rejoinder affidavit.

List on 22.12.2011.

Order Date :- 1.12.2011

RKP