V KEHIE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) A very short, but interesting question has been raised in this writ petition. The petitioner who is the Registrar of Co-operative Societies, Government of Nagaland has assailed the legality and validity of the office memorandum dated 6. 4. 2004 (Annexure-A) by which the powers and functions as specified in the order itself were delegated to the Registrar of Co-operative Societies and the Additional Registrar of Co-operative Societies. The impugned office memorandum dated 6. 4. 2004 is reproduced below: <FRM>JUDGEMENT_835_GAULTSUPP_2005Html1.htm</FRM>

(2.) IT is the case of the petitioner that by the impugned office memorandum, the status of the petitioner as the head of the department has been taken away and that he has been made to discharge his function as a subordinate officer to the Additional Registrar of Co-operative Societies i. e. the respondent No. 3. According to the petitioner as per the nature of the duties and functions entrusted to the respondent No. 3, he has been made the head of the department and has been assigned with more than 90% of the scheduled works meant for the Registrar of Co-operative Societies.

(3.) THE petitioner in support of his claim has placed reliance on a decision of this Court dated 11. 12. 1997 passed in the writ petition being Civil Rule No. 133 (K)/1997. According to the petitioner a similar notification dated 20. 11. 1997 was issued which formed the subject matter in the said writ petition and this Court by its judgment and order dated 11. 12. 1997 set aside and quashed the impugned notification. The petitioner asserts that his case is covered by the said judgment. According to him the respondent No. 3, a subordinate officer under the petitioner cannot be made the de-facto head of the department leading to anarchy and violation of all rules and norms.