RAJESHWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Writ Petition (C) No. 4169/2000 and Writ Petition (C) No. 8019/2001 are being disposed of by this common judgment and order.

(2.) I have heard Mr. AK Purkayastha, learned counsel for the petitioner in WP(C) No. 4169/2000 and Mr. PK Tiwari, learned counsel for the petitioner in WP(C) No. 8019/2001. I have also heard Mr. A. Bora, learned State counsel.

(3.) Sri Rajeswar Das, petitioner in WP(C) No. 4169/2000 and Sri Kandarpa Sarma, petitioner in WP(C) No. 8019/2001 were candidates for appointment to the post of Gaonburah of Titkagaria Gaon, Mouza - Sariha in the district of Barpeta. An advertisement was issued on 11.11.1998 by the S.D.O., Bajali Sub-Division for selection and appointment of Gaonburah. Both the above named writ petitioners submitted their applications giving full particulars. Interview was held on 25.6.1999 and by the order dated 28.6.1999 the S.D.O. (C), Bajali Sub-Division appointed Sri Kandarpa Sarma as Gaonburah of Titkagaria Gaon as he has been evaluated as the most suitable candidate for appointment to the post. Sri Rajeswar Das, petitioner in WP(C) No. 4169/2000 being aggrieved by the appointment of Sri Kadarpa Sarma preferred an appeal No. 1/2000 before the Deputy Commissioner, Barpeta. On 7.4.2000, the Additional Deputy Commissioner allowed the appeal setting aside the appointment of Kandarpa Sarma and directed that Rajeswar Das be appointed. Being aggrieved, Sri Kandarpa Sarma preferred appeal No. 36/2000 before the Commissioner, Lower Assam Division. The said appeal was heard and judgment reserved on 24th/25th May, 2001. Thereafter, on 9.11.2001, the order dated 5.8.2001 was communicated to Sri Kandarpa Sarma whereby direction was given to the S.D.O., Bajali to appoint Sri Rajeswar Das as the Gaonburah. Rajeswar Das filed WP(C) No. 4169/ 2000 for implementation of the order passed by the Commissioner. Sri Kandarpa Sarma filed WP(C) No. 8019/2001 challenging the order dated 5.8.2001 passed by the Commissioner, Lower Assam Division, Guwahati in appeal No. 36/2000. This Court by the order dated 26.11.2001 passed in WP(C) No. 8019/2001 stayed the impugned order dated 5.8.2001 passed by the Commissioner.