- (1.) THIS is an application under Article 226 of the Constitution against the order dated 13-4-57 of the Member, Board of Revenue, Sambalpur setting aside the order of the Additional Collector, Bolangir under the following circumstances:
(2.) PETITIONER's father Giridhari Bariha was the Jhankar (village watchman) of Tara village, P. S. Belpara in the District of Bolangir. The appointment and conditions of service of Jhankars in Bolangir district were regulated by the rules framed by the patna State on 8-8-1942 in pursuance of Section 109 of the Patna State Land revenue Act, 1940 which have been continued in force after the merger of Patna state with the old province of Orissa. Giridhari was convicted in a murder case (Sessions case No. 9-B of 1954) and sentenced to 14 years rigorous imprisonment by the Sessions Judge of Bolangir. Under Clause (c) of rule 5 of the said rules, he became ineligible for the post of village watchman after his conviction and the revenue authorities considered the question of appointing a successor to his post. Rule 6 which is relevant for our purpose may be quoted. "notification. Dated the 8th August, 1942. X XX XX on a vacancy occurring in the post of village watchman, a Revenue officer of the first grade shall appoint a successor from the family of the previous incumbent the nearest relative being selected who is eligible undsr sub-rule 5 of the Rule: provided that if the vacancy be caused by the dismissal of the previous incumbent, for bad character misconduct or disobedience, and the effect of the dismissal is likely to be lost where a member of his family is appointed to succeed him, a Revenue Officer of the First grade may appoint an outsider: provided also that if the nearest relative be disqualified only on the ground of youth, the Revenue Officer of the First Grade may appoint him to be village watchman in which case he shall appoint an agent and may fix the amount of Agent's remuneration. Explanation:- -. . . . . "
(3.) FROM a scrutiny of the aforesaid Rule, it will be clear that whenever there is a vacancy the first preference is given to the nearest relative from the members of the family of the outgoing watchman. But, the second proviso to the said rule says that if the nearest relative is disqualified on account of his youth, he may be appointed as a village watchman with an agent to assist him. The first proviso however, says that if the vacancy is caused by the dismissal of the previous watchman for bad character or misconduct and the effect of the dismissal is likely to be lost where a member of his family is appointed to succeed him, the appropriate Revenue Officer may appoint an outsider to the post.;