STATE OF WEST BENGAL Vs. HIRENDRA NATH BANERJEE

JUDGEMENT

(1.) This is an appeal from an order of Basu, J., dated 5th March, 1965 whereby ha 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 he-half.

(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 XII of 1956) (hereinafter referred to as the "said Act"). The relevant provisions are as follows:

(3.) The respondent Hirendra Nath Banerjee was originally in the clerical establishment of the Rent Controller's Office. He was subsequently promoted to the office of the Deputy Registrar and on or about the 13th June, 1960, he was appointed permanently as Registrar of the Rent Controller's Office, Calcutta. The relevant part of the notification runs as follows: