Supreme Court of India
Shripal Bhati and Anr. v. State of U.P. and Ors.
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What the Court ordered
We are of the view that the appellant s having resigned from the Railways and having been absorbed in the Authority eight years back, can not be put in a positi on, for no fault of his, which results in his being an employee n either of the Authority nor of his parent department.
Judgment, page 13
From the headnote
New Okhla Industrial Development Authority Service Regulations, 1981 – Regn. 16 – U.P. Industrial Develo pment Act, 1976 – ss.3, 5 and 19 – Respondent no. 4 was appoin ted on the post of Project Engineer (Electrical) on deputation in NOIDA and was subsequently absorbed – Appellants filed writ pe tition laying challenge to the appointment of respondent no. 4 – The High ourt dismissed the writ petition – On appeal, held: s.5 of t he Act of 1976 makes it clear that the power of appointment of off icers and employees lies with the Authority subject to such c ontrol and restrictions as may be
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