DILIP BANIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. B. Das, learned senior counsel, assisted by Mr. D. Chakraborty, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. Govt. Advocate for the state respondents.

(2.) THE writ petitioner's grievance falls within a short campus.

(3.) THE respondent Nos. 1 and 2 by filing a counter -affidavit contended that "No such post Mate was created by the State Government for Nagar Panchayat but it appears that the Executive Officer, Belonia Nagar Panchayat appointed the petitioner in the said post of Mate which was not created by the Government. When the matter of appointment was brought to the notice of the State Government, the Executive Officer was directed to cancel the said appointment in no time. Since the Nagar Panchayat has no fund or corpus of fund deriving from income and are dependent on the Government grants it cannot whimsically appoint in non -existent posts. A Nagar Panchayat does not have authority to do illegal things."