JAGANNATH MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against the orders, as contained in annexures C, D and E to the writ petition. The text of the said annexures C, D and E are set out below : Annexure C (relevant part)

(2.) The petitioner claimed and contended that the appointment of second clerk of respondent 4 cannot be withheld on the ground of the desire and instructions of the Minister. It is also claimed by the petitioner that the sanction given on 25 Nov. 1982, for the post of second clerk of respondent 4 could not be nullified on account of inadvertence and the said ground was never taken and in that view of the matter, the impugned orders as contained in annexures C, D and E to the petition cannot be sustained.

(3.) On a careful consideration of the said impugned orders, it appears that the District Inspector of Schools instead of discharging his functions and exercising discretion independently acted on the basis of the instructions conveyed to him by the Private Secretary of the Minister-in-charge of Primary and Secondary Education.