ZAKIR HUSSAIN KHANDAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of the order made by the learned Single Judge in Civil Rule No. 429/92 on 9.9.96, which runs as follows :

(2.) We have heard Mr. A.S. Choudhury, learned counsel for the appellant and Mr. S.S. Dey, learned Addl. Senior Govt, Advocate appearing on behalf of the State, who at our request has produced the original records of the case.

(3.) The appellant has, inter alia, taken a specific ground, viz., referring to the provisions of Article 31l(2)(c) of the Constitution of India that, in a case where a mere disclosure might affect the security of the State, either the President of India or the Governor of the State might exempt the holding of an enquiry as contemplated under Article 311 (2) of the Constitution. In this context, the legal contention urged by Mr. A.S. Choudhury, the learned counsel for the appellant, is that, in the event of the said competent authority intends to exercise the powers under Article 311(2)(c) of the Constitution, it must be done in the manner as contemplated under that provision of the law. In other words, the argument of Mr. Choudhury is that since there is no specific order made by the Governor in exercise of such powers, exempting from a detailed enquiry as contemplated under Article 311(2) of the Constitution with regard to the Government servant (petitioner/appellant), the observation of the learned Single Judge while dismissing the petition that there is an order of exemption invoking Article 31l(2)(c) of the Cbnstitution is wholly erroneous and cannot be sustained in law.