Judgment

KRISHNA IYER, J.:- Although there are two questions, one of fact and one of law, which arise in these two appeals, the learned Attorney-General fairly left the final outcome on the question of fact untouched because he was more concerned with a correct construction of Section 79 (k) read with S. 15 of the Electricity (Supply) Act, 1948 and the validity of regulations framed by the U. P. State Electricity Board on December 18, 1970 in exercise of the powers conferred by S. 79 (c) of the Act. That regulation lays down the mode of appointment to various posts under the Board, the appointing authorities thereof, the authorities who are competent to impose punishment on the employees and the authorities competent to hear appeals against disciplinary action. The said regulation was published in the U. P. Gazette dated 2-1-1971 pages 65-71 (Part I).

2. This regulation was struck down by the High Court on the score that there was no power of delegation by the Board which made the appointments and which ordinarily would be clothed with the power of terminating appointments. It is common ground that there is no specific provision under the Act which authorised the Board to delegate it