DWARIKA NATH ROY AND ORS. Vs. BABAR ALI AND ORS.
HIGH COURT OF GAUHATI
Dwarika Nath Roy
Babar Ali And Ors.
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P.K. Goswami, C.J. -
(1.) THE above two references were made by the learned Sessions Judge, Nowgong, recommending that the orders passed by Sri R. M. Goswami, Additional District Magistrate, Nowgong, be quashed, in view of the unreported Division Bench decision of this Court in Criminal Misc. Case No. 479 of 1969 (Assam) disposed of on 3 -10 -1969. It was held in that decision that Sri R. M. Goswami "had no jurisdiction at Nowgong to exercise any magisterial power there".
(2.) A number of petitions has been made in this Court challenging the orders passed by the Additional Magistrate in question. As the point did not appear to be free from some doubt these references are placed before this Full Bench for consideration of the entire matter. The principal question before this Full Bench is whether Sri R. M. Goswami, Additional District Magistrate, had jurisdiction at Nowgong to exercise any magisterial powers there.
(3.) ON 12th September, 1968, the State Government suggested to the High Court the name of Sri R. M. Goswami, Sub -Divisional Officer, Nalbari, who was due for promotion to senior scale of A. C. S. I. (equivalent to Additional District Magistrate) for consideration for appointment as Additional District Magistrate (J) and his character roll was also sent to the High Court along with this proposal. The High Court accepted the proposal by telegram dated 19 -9 -1968 and also simultaneously on that very day sent a notification to the Government which may be quoted:
No. - HC. VII -I/68/8853/A. On his services being placed at the disposal of the Hon'ble High Court, Shri Rajendra Mohan Goswami, A. C. S., is appointed as Additional District Magistrate (Judicial), Nowgong with effect from the date of his joining vide Shri Sudhish Kumar Senapati.
This cancels the High Court's Notification No. HC. VIM/68/7435A dated 26 -7 -1968.
A copy of this Notification was forwarded to the Chief Secretary, the Law Secretary, Accountant -General, Sri. R. M. Goswami and amongst others to the Superintendent, Assam Government Press, Shillong for favour of publication in the Assam Gazette. The Government in its turn passed orders on 24th September, 1968 and communicated by telegram to the officers concerned in the following terms:
AAA468 P You are promoted to ACS Senior Grade and transferred posted as ADM (J) Nowgong AAA Please take necessary steps to join your new assignment soon AAA Formal notification will issue due course AAA addressed Shri Goswami Sub -Divisional Nalbari Repeated Shri N. N. Narzari Deputy Controller and Additional Sadar Sub -divisional Jorhat with request to proceed to Nalbari after handing over charge to other Sadar Sub -divisional for taking over charge of sub -divisional from Shri Goswami. Assam.
A confirmatory copy of this telegram was sent by post the same day to the Officers and also amongst others to the Registrar, High Court, by order of the Governor. This telegram is marked ab Annexure 'E' in the records. Then followed the Notification dated 26th September, 1968 in the following terms:
No. AAA 4/68/Pt. II: - On relief, Shri R. M. Goswami, A. C. S., Sub -Divisional Officer, Nalbari is temporarily and until further orders promoted to officiate in the Senior Grade of A. C. S. I., with effect from the date he assumes charge of the post of Additional District Magistrate (J), Nowgong, as already notified by the Hon'ble High Court vide notification No. HC. VII -I 68/A dated 19 -9 -1968.
The services of Shri R. M. Goswami, A. C. S., are placed at the disposal of the Hon'ble High Court with immediate effect, for appointment temporarily and until further orders as Additional District Magistrate (J), Nowgong.;
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