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1997 Supreme(Cal) 212

S.B.SINHA, BASUDEVA PANIGRAHI
MAHANANDA BANERJEE – Appellant
Versus
HONble HASIM ABDUL HALIM, SPEAKER, WEST BENGAL LEGISLATIVE ASSEMBLY – Respondent


Advocates Appeared:
MAHANANDA BANERJI, NARANARAYAN GUPTA, SUMAN GHOSH

SATYABRATA SINHA, J.

( 1 ) THIS contempt application arises out of a judgment of a Division Bench comprising of G. N. Roy, J. (As His Lordship then was) and S. K. Hajari, J. passed in F. M. A. No. 197 of 1990.

( 2 ) THE said appeal was directed against the judgment dated 4th April, 1984 passed by a learned single Judge of this Court in C. R. No. 6164 (W) of 1981 dismissing the writ application of the petitioner.

( 3 ) THE fact of the matter is not much in dispute.

( 4 ) THE appellant was Assistant Secretary in the Secretariat of the West Bengal Legislative Assembly. According to him, he was superseded in violation of the conditions of service, as a result whereof he was deprived of successive promotion to a higher post. The petitioner questioned a notification whereby the Hon'ble Speaker of the Legislative Assembly was given the exclusive power to select any one from amongst his personal assistants of stenographers or Upper Division or Lower Division Assistant to act as his Private Secretary.

( 5 ) THE learned Trial Judge dismissed the writ application. The appeal court also held that there is no illegality in the amendments effected on the Recruitment Rules of the Assembly Se



























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