RAJARAM RICHHARIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for issuance of a writ of certiorari and of mandamus and such other directions, orders or writs as may be deemed just, and appropriate in the case by Rajaram Richharia, who was officiating District Excise Officer, at present working as temporary Sales Tax officer at Jabalpur.

(2.) THE petitioner was Excise Inspector at Raipur in the service of the State of madhya Pradesh. The Excise Commissioner, Madhya Pradesh, Nagpur, recommended to the Joint Public Service Commission, Ranchi, the names of Shri n. L. Das and two other Excise Inspectors for promotion in supersession of the petitioner's claims. Those recommended officers were also asked to officiate as district Excise Officers, Shri N. L. Das was posted in the Nimar District as officiating district Excise Officer with effect from 16-7-1946 in anticipation of the concurrence of the Public Service Commission. At the end of 1946, the Public Service Commission disapproved the aforesaid recommendations and selected the petitioner and two others in place of the recommended candidates. At that time, Shri V. N. Chandorkar, District Excise officer, Raipur, proceeded on leave, and the petitioner was appointed to officiate as District Excise Officer at Raipur in his place with effect from 23-4-1947.

(3.) THE Notification, dated Nagpur, 17-5-1947 (Annexure I, on page 26 of the paper-book) reads as follows :