Statutory protection against removal by a subordinate authority cannot be overridden by delegation of functions.

A statutory bar on removal of a municipal employee by an authority subordinate to the appointing authority cannot be defeated by delegation of functions. Under the Delhi Municipal Corporation Act, the employee was deemed appointed under the Act, with the General Manager (Transport) as the appointing authority for the post. Although powers were delegated to the Assistant General Manager, delegation could not alter rank or status, and the relevant subordination remained one of authority, not merely administrative convenience. The concept of agency could not override the express statutory safeguard, so removal by the subordinate officer was illegal.

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Issues: Whether the Assistant General Manager (Transport) was competent to remove the employee from service despite the statutory protection against removal by an authority subordinate to the appointing authority.

Analysis: Under the Delhi Municipal Corporation Act, the employee stood transferred and was deemed to have been appointed under the Act, with the General Manager (Transport) as the appointing authority for the relevant post. The Act protected municipal employees from removal or dismissal by any authority subordinate to that by which they were appointed. Although the General Manager had delegated functions to the Assistant General Manager, the delegation could operate only in respect of powers and functions and not in respect of rank or status. The statutory safeguard attached to the employee's appointing authority could not be defeated either by regulations or by delegation of authority to a subordinate officer. The concept of agency could not override the express statutory embargo.

Conclusion: The Assistant General Manager (Transport) was not competent to remove the employee from service, and the removal was illegal.

Ratio Decidendi: A statutory prohibition against dismissal by an authority subordinate to the appointing authority cannot be nullified by delegation of functions, because the relevant subordination is one of rank and not merely of administrative power.

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