ASHGAR ALLY Vs. DRBIRENDRA NATH DEY

JUDGEMENT

(1.) These proceedings are brought by a relator, Ashgar Ali, who is a resident of Calcutta City and is an enrolled elector in Ward No. 9. The applicant's locus standi to institute these proceedings is not questioned. The respondent, Dr. Birendra Nath Dey, formerly held the appointment as Chief Engineer of the Calcutta Corporation from 1933, his appointment determined by effiuxion of time on 14 October 1943. By Resolution No. 747, passed at a meeting of the Corporation on 4 October 1943, the respondent was appointed the Corporation's Special Officer in charge of the several departments specified in the resolution and to do the duties of Engineering Adviser to the Corporation. One other department was subsequently placed under the respondent's charge.

(2.) The applicant questions the legality of the respondent's appointment as Special Officer and alleges that he is usurping the office of the Corporation's Chief Engineer and of Engineer under certain statutes. The applicant prays that: (1) A writ of quo warranto or an information in the nature of quo warranto be issued against the respondent to shew cause as to by what authority he is functioning and acting as the Special Officer and Engineering Adviser to the Corporation and is exercising and performing the powers, duties and functions which may be performed or exercised by the Engineer under several statutes. (2) An injunction be granted restraining the respondent from functioning and acting as Special Officer and Engineering Adviser and exercising and performing the powers, duties and functions of Engineer.

(3.) On 30 January 1945, Das J. directed a rule nisi to issue; that the respondent show cause by what authority he is functioning and acting as the Special Officer and Engineering Adviser to the Corporation of Calcutta and is exercising or performing the powers, duties and functions which may be performed or exercised by the "Engineer" to the said Corporation under the statutory provisions relating to the Calcutta Tramways and why an information in the nature of quo warranto should not be issued or executed against him. The hearing of this petition commenced on, 14 March 1945. It is convenient first to set out the facts and circumstances which arise in respect of the application.