AFAJUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE subject matter of challenge in this writ petition is an order dated 1. 10. 2002 passed by the Commissioner, North Assam Division, Tezpur in Case No. 1 of 2001, by which the appointment of the petitioner as Gaonburah of Taragaon village under Mouza Rainakuchi in the district of Darrang was set aside and the matter was remanded back for reconsideration to the Deputy Commissioner, Darrang.

(2.) MR. H. Haque, learned counsel appearing for the petitioner and Mr. N. K. Sarma, learned counsel for the Respondent No. 5 have made their submissions. Mr. R. K. Bora, learned Additional Sr. Government Advocate appears for the state respondents.

(3.) THE pleaded case of the petitioner inter alia is that the petitioner belongs to the village Taragaon within Rainakuchi Mouza in the district of Darrang which is a revenue village under Patharighat Revenue Circle. Md. Idrish Ali, the village headman (Gaonburah) of the said village having been resigned, the necessity arose for filling up the post of Gaonburah. Accordingly an advertisement was issued by the Deputy Commissioner (Darrang) on 11. 10. 2001 inviting application for the post of Gaonburah. In pursuant to the said advertisement several applicants including the petitioner and the respondent No. 5 applied for the post. Thereafter a selection board was constituted by the Deputy Commissioner for selecting suitable candidate for the post. In the said selection process the petitioner was found more suitable than the other applicants and accordingly he was appointed as Gaonburah vide order dated 12. 3. 2001 by the Additional Deputy Commissioner, (Revenue Darrang, Mangaldoi) and he joined in the post. Being aggrieved, by the said appointment of the petitioner, the respondent 5 preferred an appeal before the Commissioner, North Assam Circle, Tezpur under the provisions of executive instructions No. 162 (c), issued under the Assam Land and Revenue Rules and Regulations, under which he is the statutory appellate authority. The appellate authority after consideration of the claim and also upon taking note of the comments furnished by the Deputy Commissioner, Tezpur, in this regard set aside the order of appointment of the petitioner dated 12. 3. 2001 and remanded the matter back to the Deputy Commissioner, Darrang for consideration of the claim of the respondent No. 5, vide impugned order dated 1. 10. 2002. Challenging the said order passed by the appellate authority, the present writ petition is filed by the petitioner.