G.P. Mathur

1. The petitioner has challenged the order dated 14-11- 1991 by which, he has been placed under suspension.

2. The first contention of the learned counsel for the petitioner is that appointing authority of the petitioner Is joint Director of Medical and Health, as is evident by the appointment order dated 6-7-1978, but he has been placed under suspension by the Chief Secretary to U. P. Govt. It is not disputed that the Chief Secretary, who has passed the impugned order, is higher in rank to the joint Director. Article 311 (1) of the Constitution provides that no person, who is member of Civil Services of the Union or State, shall be dismissed or removed by an authority subordinate to that by which, he was appointed. In State of U. P. v. Ram Naresh Lal, AIR 1970 SC 1263, it was held as follows :

"The Government can confer powers on an officer other than the appointing authority to dismiss a Government Servant provided he is not subordinate in rank to the appointing officer or authority."

A similar controversy came up for consideration before the Supreme Court in Sampuran Singh v. State of Punjab, AIR 1982 SC 1407. The petitioner was a Sectional Officer (overseer)