( 1 ) LEAVE granted

( 2 ) THESE appeals by special leave are by the State of Assam and arise out of unusual circumstances involving three senior officers of the Government of Assam, namely, the Chief Secretary H. N. Das, Additional Chief Secretary P. C. Mishra and Commissioner (Home) C. K. Das. At the hearing before us Shri Kapil Sibal, learned counsel for the State of Assam submitted that it was agreed by all concerned that the adverse remarks made by the Tribunal in the impugned order against Shri H. N. Das should be expunged and, therefore, the State Government does not press these appeals on merits even though it does not accept the correctness of the Tribunals order. All the other counsel appearing for the different parties in these appeals supported the submission of Shri Sibal and a common prayer was made to dispose of these appeals in these terms.

( 3 ) ORDINARILY, in view of the common stand taken at the hearing of these appeals it may not have been necessary to say anything more. However, in view of the distressing facts and circumstances which have given rise to these appeals, we consider it necessary to state briefly the relevant facts and express our views which we consider expedient with the hope that it prevents such situations in future at any level of the administration, much less at the highest level.

( 4 ) SHRI P. C. Mishra was posted as the Chairman of the Assam Board of Revenue at the relevant time. By the orders Dated 10-10-1991 and 8-9-1992 of the Department of Personnel (A) in the Government of Assam, the displeasure of the Government was conveyed to Shri P. C. Mishra for his conduct. Shri P. C. Mishra filed O. A. No. 211 of 1992 for quashing the said orders and the O. A. has been allowed by the impugned order dated 1-8-1994 quashing the orders dated 10-10-1991 and 8-9-1992 made by the Government of Assam. While making this order, the Tribunal has made certain adverse remarks against Shri H. N. Das, who was then the Chief Secretary of the State. These appeals by special leave are by the State Government against the Tribunals order.

( 5 ) AS earlier stated, these appeals are not pressed on merits and, therefore, the Governments orders conveying displeasure against Shri P. C. Mishra having been quashed, no grievance survives to Shri P. C. Mishra. In the process of quashing the Government orders against Shri P. C. Mishra, the Tribunal has made certain adverse remarks against Sh. H. N. Das which, it is common ground, now should be expunged. On the expunging of the adverted remarks against Shri H, N, Das, the Tribunals order in favour of Shri P. C. Mishra would survive without the adverse remarks against Shri H. N. Das.

( 6 ) THE material facts giving rise to this unfortunate situation are a few. In November 1990 Shri H. N. Das was the Chief Secretory of the State and Shri P. C. Mishra was the only officer in the rank of Additional Chief Secretary of the State. On 8-11-1990 Shri H. N. Das, Chief Secretary, submitted a note to the Chief Minister, stating that he wished to proceed on leave immediately, for which he sought approval. The entire note is as follows :-

"chief MINISTER. "

I wish to proceed on leave immediately. Formal application will be submitted separately.

THIS may kindly be approved and alternative arrangement ordered.

SD/- H. N. Das

8-11-1990, C. S.

ADDITIONAL Chief Secretary will be in-charge of Chief Secretary until further orders.

SD/- P. K. Mohanta

( 7 ) THE Chief Minister on the same day made an order directing the Additional Chief Secretary to be in charge of the office of Chief Secretary until further orders. On 10-11-1990 the Chief Minister made an order addressed to Shri P. C. Mishra directing him to take over charge as Chief Secretary until further orders and to issue notifications promoting Shri P. C. Sharma, Shri S. Manoharan, Shri C. K. Das and Shri A. C. Changakati all I. A. S. Officers, to the super-time scales, for which orders in the relevant filed had already been sent to the Perso