1980 (4) TMI 308

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....nal outcome on the question of fact untouched because he was more concerned with a correct construction of Section 79(k) read with Section 15 of the Electricity (Supply) Act, 1948 and the validity of regulations framed by the U.P. State Electricity Board on December 18, 1970 in exercise of the powers conferred by Section 79(c) of the Act. That regulation lays down the mode of appointment to variou....

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....lied upon by the authority making the regulation, the appropriate provision is Section 79(k) which we read at this stage; (79) The Board may make regulations not in consistent with this Act and the rules made thereunder to provide for all or any of the following matters, namely: (k). any other matter arising out of the Board's functions under this Act for which it is necessary or expedient....

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.... of provisions to terminate employment. It is undoubtedly a clear function of the board under Section 15 to make appointments of its officers and employees. That provision reads: Section 15. The Board may appoint a Secretary and such other officers and employees may be required to enable the Board to carry out its functions under this Act. Provided that the appointment of the Secretary shall be ....

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....ubjected to disciplinary action only by the Board which is the top body acting as a corporate entity. We do not think that the provisions of the Act can be interpreted into an impossible position for the Board. On the other hand a more viable construction is what we have indicated above. 7. In this view, we reverse the finding of the High Court in regard to the interpretation It has put on the va....