MAKBUL HUSSAIN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ application the petitioner has assailed the legality and validity of the Annexure 5 letter dated 19.9.03 issued by the CJM, Kamrup, Guwahati to the District & Sessions Judge, Kamrup, Guwahati recommending the name of the Respondent No. 4 for appointment and promotion as Head Assistant. Along with the said letter the proceedings of the selection board and other related particulars such as service books and character rolls of different incumbents considered for such promotion were also forwarded.

(2.) By an order dated 31.5.03 issued by the CJM, Kamrup, Guwahati, the writ petitioner was allowed to hold the charge of the office of Head assistant in the office of the CJM, Kamrup, Guwahati with effect from 1.6.03. The Selection Board was constituted for the purpose of regular promotion to the post of Head Assistant and the said selection committee in its proceeding held on 9.6.03 recommended the petitioner for such regular promotion. Although, as per the relevant rules, it is the CJM who was to act as the Chairman of the Selection Board, the Additional CJM, Kamrup, Guwahati acted as such in absence of the CJM who was on leave at that time.

(3.) As per the requirement of the rules the recommendation made by the Selection Board was placed before the District and Sessions Judge, Kamrup who in turn rejected the recommendation made in favour of writ petitioner and issued a direction to readvertise the post and to hold a fresh selection. The order reads as below: