STATE OF ASSAM Vs. PADMA RAM BORAH

JUDGEMENT

(1.) This is an appeal by special leave of this court. On August 25, 1929 Padma Ram Borah, respondent before us, was appointed lower division assistant in the office of the Registrar, Joint Stock Companies, Assam. The office was situated at Shillong and the respondent was appointed first as a probationer. After the expiry of the probationary period, he was confirmed in service. Later he was promoted to the post of an upper division assistant and ultimately on May 1, 1953 he was appointed superintendent in the office of the Excise Commissioner, Shillong. He was born on January 1, 1906 and was due to superannuate on attaining the age of 55 from January 1, 1961. It appears that the respondent applied for leave preparatory to retirement for four months from September 1, 1960. He did not however actually go on leave till December 22, 1960 on which date an order of suspension was passed against him as per notification No. 4/60/42 which was in the following terms:

(2.) The High Court considered Fundamental Rule 56 as applicable to services and posts under the rule-making control of the Secretary of State, though what was applicable to the respondent was Fundamental Rule 56 as was made by the Governor of Assam. Be that as it may, the High Court came to the conclusion that on the facts of the case before it the appellant had no jurisdiction to extend the period of service of the respondent when no proceedings were pending against him on the date of retirement and even on the dates when the impugned notifications were issued Basing itself on certain observations made by Mr. Justice P. B. Mukharji in a decision of the Calcutta High Court reported in Nripendra Nath v. Chief Secretary, Govt. of West Bengal, AIR 1961 Cal 1 (SB) at pp. 9 and 10 the High Court further held that:

(3.) The appellant moved this court for special leave and having obtained such leave has preferred this appeal from the decision of the High Court dated July 13, 1961 by which it allowed the writ petition.