BIMAL KUMAR PANDIT Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) PETITIONER Bimal Kumar pandit after appearing in the competitive examinations held by the Assam Public Service Commission in the year 1953 was appointed on probation to the Assam Civil Service - Class I - -junior Grade and posted at Jorhaf by a notification dated the 11th December 1953. By a letter dated the 11th December 1959 the Chief Secretary to the Government of Assam who has been impleaded as opposite party No. 2 to the present petition, asked the petitioner to show cause within fifteen days of the receipt of the communication under Rule 55 of the Civil Services (Classification, Control and Appeal) Rules (hereinafter called the Civil Service Rules) as to why he should not be dealt with under the aforesaid rule. At the time of this communication the petitioner was acting as an Extra -Assistant Commissioner at Shillong.

(2.) BY the aforesaid communication the Commissioner of Plains Division, Assam was authorised by the Governor to conduct the enquiry and to report to the Chief Secretary his findings. the petitioner was called upon to submit his explanation to the inquiring officer. After the inquiry was completed by the Commissioner of Plains Division the Petitioner .was asked by a letter dated the 1st June 1960 by the opposite party. No. 2 to show cause why the penalty of removal from service should not be imposed on him and he was further asked to submit his explanation on or before the 18th June 1960. A copy of the report of the inquiring officer was enclosed alongwith the communication. The petitioner filed his written explanation. By a letter dated the 8th July 1961, the Chief Secretary passed the following order against the petitioner: -

(3.) THE validity of the notice dated the 1st June 1960, issued under the signature of the Chief Secretary to the Government of Assam calling upon the Petitioner to show cause against the proposed penalty has been challenged on several grounds. It is urged that the notice purports to have been issued under Article 311(2) of the Constitution. Such an Act is an executive act of the Government and under Article 166 of the Constitution all executive action of the Government of a State is to be expressed to be taken in the name of the Governor.