MRITYUNJAY MITRA Vs. REGISTRAR GENERAL OF MARRIAGES

JUDGEMENT

(1.) The writ petitioner has challenged order dated 30th Sept., 2009 by which the Registrar General of Marriages, West Bengal issued the same in terms of order dated Oct. 08, 2007 made by the Government of West Bengal, Judicial Department, thereby restraining the petitioner from functioning as both Marriage Officer and Hindu Marriage Registrar.

(2.) Mr. Bhattacharyya, learned advocate appearing on behalf of the petitioner submits that the impugned order should be set aside and quashed as there was no rule in the Hindu Marriage Registration Rules, 1958 empowering restraint of the functioning of his client as marriage officer akin to suspension.

(3.) Mr. De, learned advocate appearing on behalf of the State had on earlier occasion relied on Rule 39(2) of the West Bengal Hindu Registration Rules, 2010 notified on 2nd July, 2010 to submit that any action taken or anything done or order issued, shall, in so far as it is not inconsistent with the provisions of those rules be construed to have been taken, done or issued under the relevant provisions of those rules. Today, Mr. De is unable to demonstrate that the impugned order was an order issued, not inconsistent with the Rules of 2010. He has produced the said order dated Oct. 08, 2010 issued by the Government of West Bengal, Judicial Department, the text of which reproduced below:-