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S. M. SIKRI, RAGHUBAR DAYAL, R. S. BACHAWAT, K. SUBBA RAO, M. HIDAYATULLAH
State Of Assam – Appellant
Versus
Kanak Chandra Dutta – Respondent
Judgment
BACHAWAT, J. : This appeal raises the question whether a Mauzadar in the Assam Valley holds a civil post under the State of Assam and is entitled to the protection of Art. 311 (2) of the Constitution. On March 4, 1939, respondent, Kanak Chandra Dutta was appointed Mauzadar of Mancotta Mouza in the Dibrugarh Sub-division of Lakhimpur District. His father also before his death was the Mauzadar of Mancotta Mouza for about 52 years from 1885 to 1938. Under the orders of the Deputy Commissioner, Lakhimpur, the respondent was suspended on August 22, 1949 and was dismissed from the office of the Mauzadar on July 4, 1962. It is common case that this dismissal from office was made without complying with the provisions of Art. 311 (2) of the Constitution. On a writ petition filed by the respondent, the Assam High Court quashed the order of dismissal. The High Court held that the respondent held a civil post under the State of Assam, and was entitled to the protection of Art. 311 (2) of the Constitution. The correctness of this finding is challenged by the State of Assam in this appeal by special leave.
2. Under the Mauzadari system of collecting revenue prevailing in the Assam Valley,
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