NILANGSHU BHUSAN BASU Vs. DEB K SINHA

JUDGEMENT

(1.) The present appeal is preferred against the judgment and order dated September 18, 1998 reported in (1998 (2) Cal HN 436) passed by a Division Bench of the Calcutta High Court, allowing the writ petition and setting aside the selection of the appellant for the post of Chief Municipal Engineer (Civil) of the Calcutta Municipal Corporation.

(2.) Whereas the S.L.P. No. 15062/98 is preferred against another judgment of the Calcutta High Court dated August 11, 1998, dismissing the writ petition filed by Subhendu Maiti and others challenging the same selection though on different grounds. Since both the matters relate to the same selection and for the same post, they have been listed and heard together. Hence, common order.

(3.) The post of Chief Municipal Engineer (Civil) fell vacant in Calcutta Municipal Corporation. The recruitment to such posts is made in accordance with the provisions of the Calcutta Municipal Corporation Act, 1980 and Calcutta Municipal Corporation (Recruitment of Officers Appointed by Mayor-in-Council) Rules, 1985. Section 14 of the Calcutta Municipal Corporation Act ('Act' for short) deals with officers and employees of the Corporation. Clause (f) of S. 14(1) provides for such number of Deputy Municipal Commissioner and Chief Municipal Engineers as the Mayor-in-Council may, from time to time, determine. Sub-sections (3) and (4) of S. 14 of the Act are quoted below :