RADHIKA RANJAN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is directed against the dated 13.3.1996 passed by the learned Single Judge in Civil Rule No. 5481/95 dismissing the Civil Rule holding that the petitioner was appointed for a period of one year and that he had accepted the said appointment and having accepted the appointment he was estopped from questioning the validity of the appointment letter after a long time, just before the end of his term of appointment.

(2.) Facts for the purpose of disposal of this appeal are : The State Government by Annexure-A Notification to the writ appeal dated 31st August, 1994 re-constituted a Board for Prevention and Control of Water & Air Pollution, Assam in super-session of the Notification issued Vide No. STE. 126/85/115, dated 12.4.94 with the persons mentioned in the said Notification as Chairman, Members and Member Secretary of the Board with effect from 1.9,94 until further orders in exercise of the power conferred by Sections 4 and 5 of tbe Water (Prevantion and Control of Pollution) Act, 1994 (for short tbe Act).

(3.) At the relevant time the appellant-petitioner was a Government Officer holding the Office of Commissioner & Secretary to the Government of Assam; Public Health Engineering. After the Annexure-A Notification was issued, vide Annexure-B to the writ appeal another Notification was issued in tbe name of the Governor on the same day. As per the said Notification, the Governor of Assam was pleased to allow the appellant who was the then Commissioner & Secretary to the Govt. of Assam, Public Health Engineering Department to hold full charge of the post of Chairman, Assam Pollution Control Board with effect from 31.8.1994 in addition to his duties until further orders. Subsequent to the Annexure-B Notification, Annexure-C Notification was issued by the Government dated 20th April, 1995 appointing the appellant Chairman, Assam Pollution Control Board for a period of one year with effect from 1.9.95. During the period of this appointment his pay would be regulated as per provision of Rules, 165 of the Assam Services (Pension) Rules, 1969. The appellant took over charge and functioned as Chairman of the Board immediately after Constitution of the Board as per Annexure-A and he continued as such and, thereafter, the Annexure-C Notification was issued. By issuing a fresh order of appointment after about 8 months curtailing the period to one year, the petitioner challenged the said order claiming that as per law he was entitled to continue Chairman of the Board for a period mentioned under Section 5 of the Act, and therefore, according to the appellant the Annexure-C order was illegal without jurisdiction and contrary to tbe provisions of law. The appellant-petitioner, therefore, approached this Court by filing the aforesaid Civil Rule challenging the validity of the Annexure-C order of appointment and prayed for quashing the- said order and for any other relief which the petitioner was entitled to.