- (1.) This is an appeal from an order of Basu, J., dated 5 March 1965, whereby he made the rule absolute and issued a writ in the nature of mandamus restraining the State of West Bengal from removing the respondent from the post of Registrar, Rent Controller's office, Calcutta, otherwise than in due course of law, and not to give effect to certain orders in that behalf.
(2.) The post of a Registrar of the Rent Controller's office, Calcutta, has been created by Statute, namely, Section 26 of the West Bengal Premises Tenancy Act, 1956 (West Bengal Act 12 of 1956) (hereinafter referred to as the said Act). The relevant provisions are as follows: 26. Appointment of Controller, Additional and Deputy Controllers and Registrars.--(1) The State Government may, by notification, appoint a person to be the Controller for any area or part of area to which this Act extends to exercise the powers and discharge the duties of the Controller in accordance with the provisions of this Act in such area or part. (2) The State Government may also, by notification, appoint any person to be an Additional Controller or a Deputy Controller or a Registrar or Deputy Registrar for any area to which this Act extends. (4) A Registrar or a Deputy Registrar shall exercise such of the functions of the Controller relating to the rent deposited under Section 21 as may be delegated to him by the Controller in writing.
(3.) The respondent Hirendra Nath Banerjee was originally in the clerical establishment of the Rant Controller's office. He was subsequently promoted to the office of the Deputy Registrar and on or about 13 June 1980, he was appointed permanently as Registrar of the Rent Controller's office, Calcutta. The relevant part of the notification runs as follows: Calcutta, No. 9088 L.R., 13 June 1960 In exercise of the power conferred by Sub-section (2) of Section 23 of the West Bengal Premises Tenancy Act, 1956 (West Bengal Act 12 of 1956), the Governor is pleased to appoint Hirendra Nath Banerjee, Deputy Register, Rent Control office, Calcutta, permanently as Registrar for Calcutta, as defined in Clause (a) of Section 2 of the said Act with effect from the date on which he takes over charge.;