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ANIRUDDHA BOSE
Anjan Kumar Mitra – Appellant
Versus
Hon'ble High Court at Calcutta – Respondent


Advocate Appeared:
For the Petitioner:Asish Sanyal, Uday Sankar Bhattacharya and Kaushik Mondal, Advocates
For the Respondents:Lakshmi Kumar Gupta, Dipayan Choudhury, Soumya Mojumdar and Souma Bhattacharya, Advocates

JUDGMENT :

The Judgment of the Court was as follows :

The writ petitioner in this proceeding, who was serving as Deputy Registrar (Court & Judicial) of this Court had applied for the post of Registrar in the Debts Recovery Tribunal (DRT) on 24th March, 2010, which post he intended to serve on deputation basis. He had submitted his application before the Registrar, Original Side on 25th March, 2010, for the purpose of forwarding the same to the concerned officer of the Central Government. This was done, according to the petitioner, in terms of clause 6(ii) of the High Court Service (Duties, Rights and Obligations of Employees) Rules, 1983 (the 1983 Rules) which requires an existing employee of the Court to apply for any other post through his appointing authority. The advertisement for the post, the text of which has made Annexure "P2" to the writ petition also stipulated that the public institutions specified therein including the High Court could forward the applications of the willing officers whose services could be spared. There is controversy in this proceeding as to whether the Registrar, Original Side of this Court was empowered to forward the petitioners application in the ca




























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