SATISH CHANDRA
Zila Parishad, Hardoi – Appellant
Versus
Commissioner, Lucknow Division, Lucknow – Respondent
JUDGMENT
Satish Chandra, J. - These two writ petitions have been filed by the Zila Parishad, Hardoi praying in each that the order of the Commissioner setting aside the dismissal of the Panchayat Secretary and directing his reinstatement, be quashed.
2. In Writ No. 3129 of 1968 the facts are that Hari Prasad Bajpai, respondent No. 3, was appointed as a Panchayat Secretary on 19th August, 1955, in a temporary capacity. The appointment was liable to be terminated on three months' notice. After the coming into force of the Zila Parishad and Kshettra Samitis Act, the Zila Parishad became the appointing authority of Panchayat Secretaries. In view of Section 35 of the Kshettra Samities and Zila Parishad Adhiniyam read with schedule III and entry relating to Section 25-A, the Zila Parishad was given the power to appoint Panchayat Secretaries and to exercise administrative control over them in respect of promotion. dismissal and removal, but the Kshettra Samiti was given the power to exercise administrative control in respect of leave, transfer and other disciplinary actions, which does not include appointment, promotion, dismissal and removal. It is not in dispute that the Zila Parishad de
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