ABDUL RAFIQUE Vs. DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner is a pleader's clerk attached to the District Court at Midnapore. He has been acting as such since the year 1910. The rules under which pleaders' and mukhtars' clerks are registered, are contained in Chap. 42 of the Civil Rules and Orders. Under those rules a registered clerk' means a clerk who is employed by a pleader or mukhtar in connexion with his legal business and who is registered under these rules.

(2.) AN application for registration is to be made to the district authority who is the District Magistrate in all district headquarters stations in case of those ordinarily practising in magisterial courts, and the District Judge in all other cases. It is admitted that in this particular case the registering authority was the District Judge of Midnapore. The registering authority under the rules 'has the power of suspending or removing a registered clerk from acting as such, and can also cancel the licence.' The relevant rule reads as follows: Rule 987A(ii). Any registering authority in the case of a clerk registered by him may for reasons to be recorded in writing and after hearing the clerk in his defence, order his suspension or removal from the register and the cancellation of his licence, if he is guilty of any misconduct such as to unfit him for the exercise of his duties, or convicted of any offence involving moral turpitude. Every order of removal shall be communicated to the other registering authorities of the district.

(3.) THIS rule was taken out on 21 April 1955, calling upon the opposite party to show cause why the proceeding's culminating in the order dated 17 January 1955 should not be quashed, and/or why a writ in the nature of mandamus should not issue directing the opposite party to forbear from giving effect to the said order.