- (1.) THIS Rule is directed against an order passed by the State Government appointing Respondent No. 3 as the commissioner of the Corporation of calcutta.
(2.) THE petitioner is a rate payer of the Corporation of Calcutta and pays occupier's share of tax of the premises no. 7/1, Ram Lochan Mallick Street, calcutta-7. It is stated in the petition that the petitioner "has right to the services of the said Corporation and is entitled to be assured that the duties of the said Corporation are performed and its revenue disbursed in accordance with the provision of law. " In the premises, the petitioner is vitally interested in the appointment of the commissioner of the Corporation of Calcutta being made in accordance with law. On the resignation of Mr. J. C. Sengupta who held the office of the Commissioner of the Corporation of Calcutta Mr. Priyo Guha Dy. Commissioner No. 1 was appointed under section 22 of the calcutta Municipal Act, 1951 to officiate as Commissioner for a period of not more than four months. The petitioner however came to know from the news item published in the Hindusthan Standard that mr. Dulal Gopal Mukherjee has been appointed as the Commissioner o the Calcutta Corporation and that Mr. Mukherjee to take over the charge of the office on 22nd April, 1969. The said order of appointment is the matter of challenge in this application and the ground taken to the Rule is that Mr. Mukherjee is a superannuated office and as such he is not an officer in the service of the Government and the appointment is therefore bad in law.
(3.) MR. Nani Coomar Chakravarti appearing for the petitioner argued that the appointment of Mr. Mukherjee is bad in law and Mr. Mukherjee is not an officer in the service of the government nor "he has been an officer in the service of the Government". Mr. Chakravarti submitted that the words "has been an officer in the service of the Government" can only apply in case of an officer who has gone on leave preparatory to retirement and his age of superannuation has not been reached as yet or an officer has been sent on deputation to any statutory corporation where he is working.;