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2007 Supreme(Chh) 618

SATISH K.AGNIHOTRI
Shri Indar Chand Rakecha Notary Advocate – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
Shri Indar Chand Rakecha petitioner in person
Shri Vinay Harit Deputy Advocate General Shri S K Mishra Panel Lawyer for the respondents No 1 & 2 State
Smt Fouzia Mirza counsel for the Intervenor

ORDER

By this petition, the petitioner seeks a direction to quash the order dated 5-4-2007 (Annexure P/2) passed by the respondent No.2, whereby the appointment of the petitioner by order dated 2-8-2006 was cancelled on the ground that due to bona fide mistake his appointment was made against the reserved post in excess of vacancy.

2) The indisputable facts, in nutshell, are that the petitioner is a practicing Advocate. By order dated 1- 8-2006 (Annexure P/1), the petitioner was appointed as Notary in and throughout Tahsil Balod, District Durg. Subsequently, thereafter by order dated 5-4-2007 (Annexure P/2), the appointment of the petitioner as Notary was cancelled on the ground that the appointment was made due to bona fide mistake against the reserved post. There was no vacancy of Notary in Tahsil Balod, District Durg.

3) According to the respondents No. 1 and 2/State, as per notification dated 23-8-2002 (Annexure R/1), there were six sanctioned posts for Balod, out of six Notaries, two Notaries were allowed to function at Dallirajhara for administrative convenience. By mistake, eight appointments were made in Tahsil Balod District Durg against six sanctioned posts of Notaries. The











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