STATE OF RAJASTHAN Vs. NIRANJAN SINGH

JUDGEMENT

(1.) This special appeal has been filed against the order of the learned Single Judge dated July 24, 1985. It runs as under:

(2.) The petitioner's case is that in the year 1973, he was taken as Divisional Accountant by the Accountant General, Rajasthan, Jaipur. At the time of the filing of the writ petition in the year 1978, he was posted as Divisional Accountant in the office of the Senior Accounts Officer, C.A.D., Rajasthan Canal Project, Hanumangarh under the administrative control of the Accountant General. He is only competent to transfer Divisional Accountants from one place to another place as provided under para 314 of Chapter VII of the Comptroller and Auditor General's Manual of Standing Orders Volume I. His conditions of service are governed by the rules prescribed by the President after consultation with the Comptroller and Auditor General of India as provided under Article 148(5) of the Constitution of India. The Government of Rajasthan has issued order No. F.2 (1)FD/Ex.IIIOF 1975/10 dated January 05, 1978 (Annx.3) making amendments in the Rules 3, 13, 15, 16 and 17 of the Public Works Financial and Accounts Rules (hereinafter referred to as 'the Rules'). They are ultra vires of Articles 149 and 150 of the Constitution of India. The State Government has no authority to prescribe a separate accounting procedure. As a result of these amendments, the postings of Civil Accountants are being arranged by the Chief Accounts Officer, Rajasthan, Jaipur and letter No. F.4(2)/CADOF 1978 dated March 21, 1978 (Annexure 4) has been issued by the Government.

(3.) He has made the following prayers in his writ petition: