ANIL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed challenging the notification dated 3.2.97 issued by the Commissioner & Secretary to the Govt. of Assam, WPT & BC Department, reconstituting the Sub-Divisional Scheduled Caste Development Board for the Gauhati Sub- Division. Earlier on 16.1.97 by Annexure-I to the writ application a Board was constituted with the petitioner as one of the members. That body took charge and was functioning. Thereafter, on 3.2.97 that was superseded read with the Corrigendum dated 13.2.97.

(2.) I have heard Mr. M.K. Choudhury, learned counsel for the petitioner and Mr. K.H. Choudhury, learned Addl. Sr. Govt. Advocate appearing on behalf of respondents 1 and 2 and also Mr. P.C. Deka, learned counsel for respondent No. 3. The main thrust of argument of Mr. Choudhury, learned counsel for petitioner is that the impugned notification is arbitrary, unreasonable and capricious and a validly constituted body has been sought to be cancelled without recording any reason for such cancellation.

(3.) In the affidavit-in-opposition filed on behalf of respondents 1 and 2 in para it has been stated that no reasons are necessary to assign for reconstitution of a body comprising the nominated members. After all, the Govt. action must bear the stamp of fairness and transparency. If the contention of the Govt. is accepted that will give a long handle to the Govt. and will wipe out the need of transparency in the field of Govt. action. All Govt's. actions must be based on some reason/valid reasons which will stand the scrutiny of a reasonable person. Govt's. action must be in a proper manner and it cannot act according to its own whims and caprice and cannot cancel a body constituted earlier without assigning any reason or without having any valid reason. This matter is further covered by a recent decision of this Court reported in (1996) 1 GLR 1 (1995(3) GLT 265) (Jogen Ch. Borah -Vs- State of Assam). There also the same type of Board was reconstituted by the Govt. within a short period of time without affording any reason and this Court relying on the decision of the Apex Court pointed out as follows: