GITA DEVI POODDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2.3.98 passed by the learned Single Judge dismissing the Civil Rule No. 4081 of 1997. Being aggrieved, the petitioner has preferred this appeal on various grounds incorporated in the memorandum of appeal.

(2.) The petitioner was appointed as an agent for sale of Kishan Vikash Patra, National Savings Certificate (VIII Issue) and deposit in Time Deposit Accounts, National Savings Schemes, 1992, Monthly Savings Accounts etc. and a certificate to that effect was granted by the Respondent No. 2 for a period of one year with effect from 19.7.93 to 18.7.94. The petitioner also entered into an agreement with the respondents as per requirement of instructions contained in the standardised agency system. The said certificate has been renewed from year to year on completion of necessary formalities and it was due to expire on 19.7.97. As usual, the petitioner applied for renewal of the certificate of appointment for a further period of one year completion of all formalities. But vide Memo No. DSSA-7/94/ 43 dated 16.8.97, the respondent No. 2 terminated the agency and rejected the petition for renewal.

(3.) Learned counsel for the petitioner- appellant argued that the order terminating the agency has been issued by the respondent in violation of the principle of natural justice as the appellant was not heard before her application for renewal was rejected. The learned counsel further submitted that the termination order was not issued for any alleged misconduct or under provision of Clause-10 of the agreement and, as such, the petitioner's application for renewal ought to have been allowed as there is no allegation of any irregularities committed by her in handling the agency.