DEBA KUMAR DAS Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) THE petitioner, an officer in the Assam Judicial Service in the instant proceeding under Article 226 of the Constitution of India has questioned the legality and validity of the decision of this Court on the administrative side, to terminate his probation and pending issuance of the consequential Government notification to that effect to restrain him from discharging judicial works, as contained in the letters dated 22/12/2006 and 11/1/2007 (Annexures 9, 8 and 7 to the writ petition ). It has been submitted by the learned State Counsel that the related issues being sub-judice before this Court further follow up steps have been deferred. The termination of the petitioner's probation, therefore, has not yet been given effect to though he stands relieved of the judicial duties as on date.

(2.) WE have heard Mr. PK Goswami, Sr. Advocate assisted by Mr. BM Choudhury and Mr. S. Bharali, Advocates for the petitioner, Mr. PK Mushary, Sr. Government Advocate for the State respondents and Mr. BC Das, Sr. Advocate and Standing Counsel, Gauhati High Court for respondents 1, 2 and 3.

(3.) THE pleaded versions are essential to outline the respective cases of the parties and adequately comprehend the rival submissions. The petitioner has averred that he is a Law Graduate from the Gauhati University and having enrolled himself as an Advocate in the year 1994 initiated his practice as a member of the Gauhati High Court Bar Association. He responded to the advertisement issued by the Gauhati High Court (hereafter referred to also as High Court) as on 21/4/2001 for appointment to the post of Grade III of the Assam Judicial Service (also referred to as Service) and participated in the selection process. On being found suitable, he was appointed by the notification dated 6/4/2002 of the Secretary to the Government of Assam, Judicial Department, along with 25 others in the Grade III of the Service. The High Court by notification dated 12/4/2002 posted him as Judicial Magistrate, 2nd Class at Morigaon on probation for a period of one year from the date of appointment. He accordingly joined the said post on 22/4/2002. He was thereafter upgraded and promoted as Civil Judge (Junior Division) No. 1 cum Judicial Magistrate 1st Class at Morigaon. In April, 2005, he was transferred from Morigaon to Hojai, Sankar Dev Nagar as Judicial Magistrate 1st Class and had been functioning in the station since then.