STATE OF WEST BENGAL Vs. JANARDAN BHATTACHARJEE

JUDGEMENT

(1.) An intricate question as regard the right of the writ petitioners-respondents to obtain employment in terms of the Civil Defence Act, 1968 (hereinafter referred to as the said Act) is involved in these appeals.

(2.) The Parliament enacted the said Act to make provisions for Civil Defence and for matters connected therewith. The word 'Civil Defence' has been defined in section 2(a) of the said Act to mean:-

(3.) Sec. 3 provides for the power of Central Government to make Rules, for securing Civil Defence, by issuing of a notification in respect of the matters enumerated therein. The State Government in terms of Sec. 4 of the said Act is entitled to constitute an area within the State, a body of persons to be called the Civil Defence Corps and for that purpose a person not below the rank of District Magistrate can be appointed as the Controller for the purpose of commanding the said Corps. The State is entitled to appoint a Director for co-operating the activities of the Controller. It is also entitled to appoint members and other officers of the Corps. Sec. 6 provides for the dismissal of the members of the Civil Defence Corps.