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2008 Supreme(SC) 868

S.B.SINHA
State of Uttaranchal – Appellant
Versus
Madan Mohan Joshi – Respondent


Judgement Key Points

The provided legal document, which concerns a dispute over inter se seniority among lecturers following regularization of ad hoc appointments under U.P. Regularisation Rules, 1979, and related service rules, does not contain any observations by the Supreme Court on the role of an Inquiry Officer in disciplinary proceedings, the concept of an Inquiry Officer acting as a "delegate" of the Disciplinary Authority, limitations on recommending punishment, or bias arising from such recommendations. The judgment instead addresses issues such as the necessity of impleading affected parties in writ petitions challenging seniority lists [1000430190015][1000430190016][1000430190017][1000430190018], the applicability of regularization rules and subsequent service rules like Rule 20 of the Uttaranchal Higher Education (Group A) Service Rules [1000430190013][1000430190014], and the remand of the matter for fresh consideration by the High Court [1000430190018]. No portion of the document pertains to disciplinary inquiries or punishment recommendations.


JUDGMENT

1. Leave granted.

2. Inter se seniority amongst the teachers of Kumaon University is in question in this appeal which arises out of a judgment and order dated 21.3.2006 passed by a Division Bench of the High Court of Uttaranchal at Nainital in Writ Petition No.71 of 2004). Before adverting to the aforementioned question, we may notice the factual matrix involved in the matter.

3. First Respondent was appointed on an ad hoc basis as a Lecturer in Government P.G. College, Almora by the State of Utter Pradesh through Vice-Chancellor, Kumaon University on or about 22.9.1975. The said College was declared as the Campus College of the University. All Lecturers including the first respondent were continued and treated on deputation with the University; the cut off date wherefor was fixed 16.8.1977.

4. The State of Utter Pradesh framed U.P. Regularization Rules, 1979, the relevant provisions whereof reads as under : “(1). Any person who

(i) was directly appointed on ad hoc basis before 1.1.1977 and is continuing in service.

(ii) Po



































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