DISTRICT AND SESSIONS JUDGE BARPETA Vs. BINANDA CHUTIA

JUDGEMENT

(1.) THIS Civil Rule has been registered as a petition under Article 226 of the Constitution on the basis the letter dated 18th Nov'93 addressed by the District and Sessions Judge, Barpeta and the question raised in the Civil Rule is as to whether the ministerial staff of the District Court and the Sub-ordinate Courts thereto in the State of Assam are subject to the control of the Gauhati High Court under Article 235 of the Constitution.

(2.) THE facts very briefly are under a temporary arrangement made by the District and Sessions Judge, Barpeta, Mahendra Nath Das, UDA was temporarily promoted as Head Assistant, Smti. Bandana Das, LDA was temporarily promoted as Upper Division Assistant and Shri Shyamal Kumar Bose, Copyist was promoted as Lower Division Assistant. Shri Mahendra Nath Das was, however, placed under suspension pending disciplinary proceedings by order dated 10.07.90. But after completion of disciplinary proceedings, he was re-instated to his position and Shyamal Kumar Bose was reverted to his original post of Copyist. Shri Bose preferred an appeal before the Judicial Secretary, Government of Assam against the said reversion order dated 10.10.91 under Rule 13 of the Assam District and Sessions Judge Establishment (Ministerial) Services Rule 1967 and by order dated 25.05.92, the Judicial Secretary, Government of Assam allowed the said appeal directing re-instatement of Shri Shyamal Bose in the post of LDA created on account of the promotion of Smti Bandana Das to the post of UDA. THE case of the District and Sessions Judge, Barpeta is that no vacancy in the post of LDA was created on the promotion of Bandana Das as UDA because the post of LDA held by her was only converted to the post of UDA. Accordingly, the District and Sessions Judge, Barpeta filed an application for review, but no order was passed by the Judicial Secretary, Government of Assam on the said application. THE District and Sessions Judge, Barpeta has moved this Court by his letter dated 8th Nov'93 to the Registrar (Judl.). Gauhati High Court questioning the powers of the Judicial Secretary, Government of Assam with regard to the re-instatement of Shri Shyamal Das on the ground that it affects the independence of judiciary.

(3.) IN the present case since the Judicial Secretary, Government of Assam has not consulted the High Court before passing the order dated 25.05.92 allowing the appeal of Shri Shyamal Bose, the said order is ultravires Article 235 of the Constitution and null and void. Despite the said order dated 25.05.92, it appears Shri Shyamal Bose is still working as Copyist and the order has not been given effect. We dispose of this petition with a direction that the Judicial Secretary, Government of Assam, respondent No. 3, shall as soon as possible consult the High Court and finally dispose of the appeal in accordance with the recommendations of the High Court.