STATE OF UTTAR PRADESH Vs. AUDH NARAIN SINGH

JUDGEMENT

(1.) Audh Narain Singh - hereinafter called Singh - was appointed in 1949 a Tahvildar in the District of Azamgarh in the State of U. P. and worked in the Cash Department of the Government treasury of that District. The appointment of Singh was made by Dhanpat Singh Tandon, Government Treasurer, with the approval of the District Magistrate. By order dated April 20, 1956, Singh who was then working as a Tahvildar in the Sub-treasury at tahsil Lalganj in the District of Azamgarh was informed that he was under instructions from the Collector removed from service. Against the order of removal, Singh preferred an appeal to the Collector but the same was rejected, and a representation made to the Commissioner of, the Banaras Division was unsuccessful. Singh then preferred a petition under Art. 226 of the Constitution in the High Court of Judicature at Allahabad for a writ of certiorari quashing the order of removal passed against him and for a writ of mandamus or an order directing the Collector of Azamgarh and the State of Uttar Pradesh, Dhanpat Singh Tandon, Government Treasurer, and the Commissioner of Banaras Division to treat him as a Tahvildar in the sub-treasury at Lalganj in the District of Azmgarh Singh claimed that he was a member of the civil service of the State of Uttar Pradesh or held a civil post under the State, and was not liable to be removed from service without being afforded a reasonable opportunity of showing cause against the action proposed to be taken in regard to him under Art. 311 (2) of the Constitution. Mehrotra, J., who heard the petition held that the Government Treasurer being an employee of the State, a Tahvildar employed by the Government Treasurer to carry out the work, entrusted by the State, subject to the control of the State Government, was an employee of the State Government, and the impugned order of removal was invalid because Singh was not afforded a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(2.) The order of Mehrotra, J., was confirmed in appeal by the High Court of Allahabad. In the view of the High Court, no direct relationship of master and servant between Singh and the State was established because Singh was appointed by the Treasurer, but the Treasurer having authority to employ him in order to carry out the work of the State, Singh was as much under the control of the state as he was under the control of the Treasurer and therefore he could claim to, hold a civil post under the State and to have the benefit of Art. 311 of the Constitution. Against the order passed by the High Court, this appeal is preferred with Special leave.

(3.) The question which falls to be determined is whether a Tahvildar appointed in the cash Department in the State of Uttar Pradesh is a civil servant of the state of Uttar Pradesh or holds a civil post in the State. In the state of Uttar Pradesh, contract for administering the cash Department of the District treasuries are given to persons who are called Government Treasurers. The Treasurer holds a post specifically created in the District Treasury: he is appointed by the collector subject to the approval of the Finance Secretary. On being appointed, the Treasurer enters into an agreement for the due performance of his duties, and executes a bond in favour of the state. The tenure of a Government Treasurer is temporary and he is not entitled to privileges of leave and pension, but yhe performs various duties connected with the executive functions of the state. His appointment is made by the collector subject to the approval of the Finance Secretary. He has to maintain a true and faithful account of the property entrusted to him and he dealings therewith and to submit return as prescribed. He is also bound by the conditions, rules and regulations of the Government and also departmental rules and orders as may be in force, especially with reference to his relations and dealings with and the right of his subordinates. He has to attend the Government Treasury for the purpose of discharging his duties, and to show to his superior officers whenever called upon the property entrusted to him. A Government Treasurer is not in the partition of an independent contractor be does not merely undertake to produce a given result, without being in the actual execution under the control of the person for whom he does the work. He is in the execution of his duties, and in the manner, method and made of his work under the control of the State Government.