-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4033 OF 1995 NO.4033 OF 1995 NO.4033 OF 1995 Ahmed Nasiruddin ...Petitioner v/s Union of India and ors. ...Respondents Mr A.S. Rao for Petitioner. Mr S.M. Shah with Mr R.C. Master for Respondent No.1. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 14TH JULY 2008. -2- P.C. :- 1. By this petition, the petitioner challenges the order dated 17th July 1995 whereby the services of the petitioner were terminated. It appears that the petitioner was appointed as Assistant Research Officer (Unani) in the year 1992 on creation of that post by order dated 7th October 1992. It appears that the petitioner was thereafter shown to have been selected by the Departmental Promotion Committee and was again appointed on the same post on 3rd August 1993. The appointment of the petitioner initially was on adhoc basis and thereafter it has been described as the appointment on regular basis. 2. The respondents have filed their affidavit in reply. They have pointed out that Mr Mukhi was not regular incumbent of the post of Director, Central Council for Research in Unani Medicine, New Delhi, he was only performing current duties of the office. It is pointed out that the provisions of Delegation of Financial Powers Rules, the person who is performing current administrative duties of the office cannot exercise any statutory powers. It is submitted that under the Fundamental Rules, Civil Service Regulations -3- of the respondents, power to create a post and make appointment against the post is vested in the Director, Central Council for Research in Unani Medicine, New Delhi and therefore power to create post and power to make appointment to that post is a statutory power and that power cannot be exercised by a person who is performing current administrative duties. The learned counsel appearing for respondents has pointed out to us the Rules and Regulations of the Central Council for Research in Unani Medicine and also the Rules framed under the Act. In the affidavit filed on behalf of the respondents, a clear statement has been made that Mr R.K. Mukhi was performing only current administrative duties of the office and therefore he was not entitled to create the post and make appointment on the post. From the record it appears that creation of the post was sanctioned by the Governing Body / President of the Central Council for Research in Unani Medicine and the appointment of the petitioner to that post was made by the Project Officer, Central Council for Research in Unani Medicine, New Delhi. In our opinion, the very creation of post itself was not in accordance with law and the appointment on that post of the petitioner itself was not valid. We find no substance in the petition. Petition fails and is dismissed. Rule is discharged with no order as to costs. -4- . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary as true copy. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)