SASIBHUSAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) Sri Sashibhusan Das, a practising Advocate and a resident of Cuttack has filed this writ application as public interest litigation challenging inter alia the decision of the State Government to shift the Headquarters of the Orissa State Selection Commission (hereinafter referred to as the 'Commission') from Cuttack to Bhubaneswar and the allotment of accommodation for locating the Headquarters of the Commission (Annexures 2 and 3). The main allegations in support of the challenge are that there is no public interest or genuine administrative reason behind the impugned decision of shifting and the said impugned decision has been taken mechanically on the basis of proposals initiated in 1998 by the then Chairman of the Commission and its Secretary for their personal interest and that the purported Government decision is not a decision of the Government in law inasmuch as such decision has not been taken by the Cabinet in accordance with the rules of business.

(2.) The opposite parties have filed a counter-affidavit pointing out the administrative convenience which has been taken into consideration by the State Government. The records relating to location of the headquarters of the Commissioner have also been produced before us.

(3.) Before dealing with the questions involved in this writ application, it is necessary to narrate the facts behind location of the Office of the Commission at Cuttack and the impugned decision to shift it to Bhubaneswar as are evident from the relevant records and the counter-affidavit. By Orissa Subordinate Staff Selection Commission Rules, 1993 made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the State Government set up the Subordinate Staff Selection Commission in the State to conduct direct recruitment through competitive examination in respect of Class III Civil Posts/Service as listed under Schedule I to the said Rule (Rule 3(1)). The Commission is to function as an attached office of and under the administrative control of the General Administration Department (Vide Rule 3(6)). Rule 3(2) provides that the Headquarters of the Commission would be located at Bhubaneswar. In spite of the said specific (sic) regarding location of the Headquarters it was permitted to be located at Cuttack temporarily for several reasons including immediate non-availability of suitable accommodation at Bhubaneswar.