Sinha, J. - (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:
"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 Acts 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 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:
"Calcutta: No. 9088 I, R.--13th June 1960 In exercise of the power conferred by Subsection (2) of Section 26 of the West Bengal Premises Tenancy Act, 1956 (West Bengal Act XII of 1956) the Governor is pleased to appoint Sri Hirendra Nath Banerjee, Deputy Registrar, 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."