JUDGMENT

B.P. JEEVAN REDDY, J.— Leave granted. Heard counsel for both the parties.

2. Pursuant to the disciplinary enquiry held against the respondent, he was dismissed from service by an order dated 12-1-1982 by the Welfare Commissioner (Special Grade), Coal Mines Welfare Organisation, Dhanbad (5th respondent in the original application and hereinafter referred to as such for the sake of convenience). The respondent challenged the said order by way of an original application before the Central Administrative Tribunal, Patna. The main ground urged by him was that the order of dismissal passed by the 5th respondent was invalid inasmuch as he was subordinate to the "Coal Mines Welfare Commissioner of Coal Mines Welfare Organisation, Dhanbad" who appointed him. The Tribunal upheld the said contention, negativing the plea put forward by the appellants, who were respondents in the original application, that the 5th respondent was vested with all the powers of the 3rd respondent. The correctness of the said order is questioned herein.

3. The order dismissing the respondent is issued by the "Welfare Commissioner (Special Grade), Coal Mines Welfare Commissioner, Head of the Department, Coal Mines Labour Welfare Organisation (appointing authority)". The case of the appellants is that the 5th respondent having been declared Head of the Department under Supplementary Rule 2(10), he exercises all the powers of the 3rd respondent, and, hence, he was competent to pass the order dismissing the respondent. In support of the said contention, the learned counsel for the appellants has placed before us a copy of the order dated 7-2-1980 whereunder the President has declared the 5th respondent as Head of the Department of the Organisation. The order reads as follows:

"No. A.38011/l/80-Adm.

New Delhi,

the 7th Feb., 1980

To,

The Coal Mines Welfare Commissioner,

Dhanbad.

Sub.: Delegation of power to Welfare Commissioner (Special Grade), Coal Mines Welfare Organisation, Dhanbad.

Sir,

I am directed to say that the President is pleased to declare the Welfare Commissioner (Special Grade), Coal Mines Welfare Organisation, Dhanbad as Head of Department of that Organisation under Supplementary Rule 2(10) and for the purposes of Delegation of Financial Power Rules, 1958 with immediate effect and till such time as incumbent is appointed to the post of Coal Mines Welfare Commissioner, Dhanbad.

2. Pending appointment of an incumbent of the post of Coal Mines Welfare Commissioner, Dhanbad, Welfare Commissioner (Special Grade) is also declared as his own controlling officer as well as controlling officer in respect of all the Group A officers of the Coal Mines Welfare Organisation for the purposes of Travelling Allowance under S.R. 191.

3. This issue in exercise of the delegated power in consultation with the Integrated Finance vide their U.O. No. 275/Fin./80 dated 7-2-1980.

Yours faithfully,

Sd/-

(A.S. Deshpande)

Under Secretary to the Govt. of India."

4. The above order expressly declares the 5th respondent as the Head of the Department of the Organisation under Supplementary Rule 2(10). It also declares him the Head of the Department for the purposes of Delegation of Financial Powers Rules, 1958. The said arrangement was made till such time as an incumbent was appointed to the post of Coal Mines Welfare Commissioner, Dhanbad.

Supplementary Rule 2(10) reads as follows:

"Head of department means any authority which the President may by order declare to be the head of a department for the purposes of these rules."

5. The Government of India has declared that the authority declared to be the Head of Department under the Supplementary Rules shall also be considered to be the Head of Department for the purposes of Fundamental Rules. (Vide IMFUO No. 5050-E-IV/46 dated 18-9-1946 to the Auditor General of India)

6. The order dated 7-2-1980 read with Supplementary Rule 2(10) and the Government of Indias decision aforementioned clearly discloses that the 5th respondent was declared by the Pr