SYED SAJIDUL REHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.C. Dey, learned counsel for the petitioner as well as Mrs. D. Borah, learned counsel representing Respondent No.1. The Respondent Nos.2 to 5 are represented by Mr. Y.S. Mannan and Mr. R.K. Bhatra, Advocates.

(2.) The subject-matter of challenge is the letter dated 31.12.2012 issued by an organization called GVK EMRI i.e. Respondent No. 2, whereby the petitioner was terminated from service w.e.f. 31.01.2013 following a disciplinary inquiry.

(3.) The issue with regard to the maintainability of the writ petition having been raised by the respondents, the adjudication of the said issue is attended to at the outset. Case of the respondents is that GVK EMRI not being an instrumentality of the State within the meaning of Article 12 of the Constitution of India, as such, the petitioner is without locus to make grievance by invoking the extra-ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India.