MD. TAHIR MAJUMDAR Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS petition of Md. Tahir Majumdar under Article 226 of the Constitution of India is directed against an order of Mr. S.K. Mallick, Deputy Commissioner, Cachar, dated 1 -3 -1951 by which he directed that the petitioner be compulsorily retired. This order and his previous order suspending him are both challenged on the ground that he was not competent under the rules either to suspend the petitioner or to direct his compulsory retirement. Both orders are said to be without jurisdiction and therefore null and void. Suitable writs are prayed for in order that the order of retirement be not given effect to.

(2.) IT may be stated at the outset that the learned Counsel for the petitioner has not tried to invoke the aid of Article 311 of the Constitution of India. He has not tried to show that the order directing compulsory retirement of the petitioner is an order of removal or dismissal within the meaning of these expressions which they carry in Article 311.

(3.) THE statement in the counter -affidavit amplifies the position in regard to facts stated by the petitioner. It is brought out that before suspending the petitioner the Deputy Commissioner had telephonic communication with the Secretary to the Government in the Finance Department and had the approval of the Government for suspending the petitioner. It is also claimed that the appointment of the Revenue Sheristadar could be made by the Deputy Commissioner with the sanction of the Commissioner and as the post of the Commissioner was abolished on 1 -4 -1948, the appointment could be made by the Deputy Commissioner with the sanction of the Government.