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1965 Supreme(Gau) 49

GAUHATI HIGH COURT
Rajvi Roop Singh, J.
Naresh Chandra Saha -Appellant
Versus
Union irritory of Tripura -Respondent
Writ PetitionNo. 27 of 1961
Decided On : 08-11-1965

Advocates Appeared:
J.K.Roy

This is a petition under Arti­cle 226 of the Constitution of India by Shri Naresh Chandra Saha for the issue of a Writ of certiorari to quash the two orders of rever­sion dated 12-5-1954 and 7-11-1960 of the Chief Commissioner, Tripura and for such other suitable order or direction as may be just and proper. A request was also made for the issue of writ of mandamus to direct the respondent No. 2 to forbear from giving effect to those two orders and to disregard the order dated 19-7-1961 passed by the President of India in his appeal dated 30-12-1960.

(2) The petitioner's case in short is that he joined the Tripura Civil Service as a pro­bationer on 30-10-1949 as a result of competi­tive examination in the scale of Rs. 125/150-10-280-15-400/-. He was first posted as Divi­sional Purchasing Officer, Dharmanagar Divi­sion (now Sub-Division). Thereafter he was posted in different sub-divisions in different capacities. In the year, 1953 the Tripura Civil Service was split up into two divisions, which were given effect to from 1-4-1950 and the Senior Officers were absorbed as Sub-Divi­sional Officers and the juniors were taken as Sub-Treasury Officers. The pay scale of the Sufi-Divisional Officer was from 200-10-420-15-450/- and that of the Sub-Treasury Officer Was from Rs. 200-10-300/-. He was absorbed as a Sub-Treasury Officer in the scale of Rs. 200-10-300/- with effect from 1st April, 1950 and was posted at Sonamura sub-divi­sion. Thereafter by order of Chief Commis­sioner dated 14-8-1953 he was transferred to Amarpur sub-division to act as sub-divisional Officer in the same pay scale of Sub-Treasury Officer. He took charge of this post on 9th September, 1953. On 10-5-1954, an order was issued appointing him as officiating Sub-Divi­sional Officer, Amarpur with retrospective effect from 10-9-1953. He worked at Amarpur upto April, 1954 and thereafter he was trans­ferred to Kamalpur as officiating Sub-Divi­sional Officer. He handed over charge on 6-5-1954 to proceed for Kamalpur. When he reach­ed Khowai on his way to Kamalpur he receiv­ed an order dated 12-5-1954 reverting him back to the post of Sub-Treasury Officer from 6-5-1954.

According to this order he joined as Sub-Treasury Officer, Kamalpur in May, 1954 and preferred an appeal to the Chief Commissioner for a review of the order of reversion, 12-5-1954. He was informed by the Chief Secre­tary that his work as officiating Sub-Divisional Officer, Amarpur was unsatisfactory and hence he was reverted. If his work as Sub-Treasury Officer would be found satisfactory he might be considered again for the post of Sub-Divi­sional Officer in due course. Thereafter he |:wrote several letters to the Chief Secretary for information as to his work, which dissatisfied tie Government but no reply was vouchsafed, hereafter he was transferred, as officiating superintendent of Surveys to Agartala in November, 1954 in the scale of Rs. 200-10-420-15-450/-. He took charge of this post on 19-11-1954. While serving as Superintendent of Surveys he sent several reminders for consider­ing the case of his reversion, but without any-effect. The appeal which he sent' in 1955 to the Chief Commissioner was withheld by the D.M. on the ground that the Chief -Secretary-had already told him the reason for his rever­sion. Again on 20-6-1956, he sent another ap­peal to the Chief Commissioner directly. There­upon on 7-9-1956, the D.M. and Collector call­ed his explanation for sending the appeal direct­ly to the Chief Commissioner in contraven­tion of the circular of the Government of India,. Ministry of Home Affairs No. 118/52-Estt.. dated 30-4-1952. He submitted .his explanation.

Again on 8-11-1956 he sent an appeal to> the Ministry of Home Affairs against the order of reversion dated 12-5-1954, but he did not receive any reply or order about it. On 30-4-1957 the A.D.M. deputed the petitioner in charge of Armed Forces to check the smuggling of paddy by the Ziratias (Citizens of Pakistani in Belonia Sub-Division. He d
































































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