A N DUTT Vs. STATE

JUDGEMENT

(1.) THIS writ petition is directed against an order of transfer of the petitioner by the Institute of Cost and Works Accountants of India.

(2.) THE Institute of Cost and Works accountants of India is a body corporate governed by the provisions of Costs and works Accountants Act 1959 (Act No. 23 of 1959 ). The Act of 1959 was engrafted in the statute book to make provisions for the regularisation of professions of costs and Works Accountants in India.

(3.) THE petitioner is a gold medalist in economics from the Calcutta University and also subsequently obtained Ph. D. in economics from the same University. The petitioner, as appears from the records was employed as the Secretary of the calcutta Chamber of Commerce with a lucrative salary. The petitioners case is that by reason of his natural inclination and seal towards journalism and having had a flair for writing in the field of finance and economics the petitioner responded to an advertisement issued by the Institute for the post of Editor for its journal "the Management Accountant. " On 15th September, 1979 a letter of appointment was issued to the petitioner for the post of Editor of the afore-said journal with a basic salary of 1450-2650 per month together with other benefits. It was the pre-condition of the appointment that the petitioner would be on probation for a period of six months and on satisfactory completion of probationary period, the petitioner would be confirmed in the post of Editor. As regards duties and responsibilities, the petitioner was required to edit the monthly journal of the Institute "the Management Accountant" and to administer its timely printing and publication and circulation to members, students and subscribers as also to collect advertisements and to do such other things incidental to the proper discharge of duty as an editor. Admittedly on successful completion of the probationary period, the petitioner was duly confirmed in the post of Editor of the 'management Accountant' with effect from 10th March, 1980. There exists no complaint in regard to the efficiency of the petitioner as the Editor of the journal.