KHARGESWAR BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These 5 writ appeals arise out of a common judgment and order involve common questions of facts and law, and accordingly, they are taken up for hearing today.

(2.) Upon hearing Mr. B.K. Sharma, learned senior counsel, led by Mr. P.K. Goswami, learned senior counsel, appearing for appellants in Writ Appeal Nos. 429/2001, 430/2001, 431/2001 and 432/2001, Mr. M. Bhuyan, learned counsel appearing for the appellants in Writ Appeal No. 436/2001, and Mr. A.K. Phukan, learned Advocate General, Assam, assisted by Mr. M.R. Barbhuiya, appearing for the State respondents, and also on perusal of the available materials on record, we hereby dispose of these 5 writ appeals with the following common judgment and order:

(3.) Writ appellants herein as writ petitioners approached this court with writ petitions under Article 226 of the Constitution of India questioning the validity of the impugned orders dated 19.5.2001 by which their appointments to the posts of Lower Division Assistant and one Loka Kanya (Junior) made under the related order dated 30.3.2001 have been cancelled. In the writ petitions these appellants as writ petitioners contended that the impugned order of cancellation dated 19th May, 2001, is violative of the principles of natural justice as well as violative of Articles 14, 16 and 311 of the Constitution of India inasmuch as though the appointment orders were subject to discharge without notice, and without assigning any reason thereof, the Chief Secretary to the Government of Assam issued the impugned orders by asserting and assigning reason that all the appointments were made in gross violation of the provisions of the Assam Secretariat Subordinate Service Rules, 1963, as under the Rules, the Chief Secretary is the Appointing Authority in respect of Lower Division Assistant whereas the appointment orders were made by the Commissioner & Secretary to the Government of Assam, Secretariat Administration (Estt.) Department without the knowledge of the Chief Secretary, and so far the relaxation of Rules for such appointment was concerned, the same is also illegal. However, the learned Single Judge of this court dismissed all the writ petitions, being Writ Petition (Civil) Nos. 4324/2001,4299/2001,3677/2001,4324/ 2001, 4303/2001 by holding that non- issuance of notice before passing the impugned cancellation orders to the petitioners/appellants is not material.