W.P. (C) No. 93 of 2003. Case: Safiqur Rahman Choudhury Vs State of Assam and Ors.. Guwahati High Court
| Case Number | W.P. (C) No. 93 of 2003 |
| Counsel | For Appellant: M. Bhuyan, B. Sarma, P. Hazarika and M. Talukdar, Advs. and For Respondents: B.P. Bora, G.K. Bhattacharyya and J.R. Borah, Advs. |
| Judges | R.B. Misra, J. |
| Issue | Assam Municipal Act, 1956 - Section 14 |
| Judgement Date | August 30, 2005 |
| Court | Guwahati High Court |
Judgment:
R.B. Misra, J.
1. In this writ petition a prayer has been made by the Petitioner for quashing the Resolution Nos. 3 and 4 passed in a General Meeting of the Nagaon Municipal Board, Nagaon on 12.11.2001 and the order of reinstatement of the Respondent No. 6, Sri Mukut Chandra Borah, passed by the Chairman of the Nagaon Municipal Board, Nagaon (for short the "Board"), pursuant to the Resolution No. 3.
2. According to the Petitioner, he was initially appointed as a Bill Writer in the year1 1973 in the Board. Thereafter he was promoted to the post of Lower Division Assistant and subsequently to the post of Upper Division Assistant on 1.5.1979. The Petitioner was expecting his promotion to the post of Head Assistant in the Board. The Respondent No. 6 was placed under suspension for dereliction of duties, misappropriation of Board's fund and for misbehaviour. The Respondent No. 6 was alleged to have tampered/interpolated the word "Pari darshak (Inspector)" by making it "Parya-Byekhak (Supervisor)" in, the order of his promotion dated 6.11.1996 for which he was asked to explain. Looking into the entire records including the materials in the Service Book, the Executive Officer of the Board by its order dated 17.6.1997 retired the Respondent No. 6 compulsorily, as per provisions contained in Fundamental Rule 56. The said order of compulsory retirement was challenged before this Court in Civil Rule No. 2884/97. this Court on 5.1.2001 by a well-reasoned judgment dismissed the same by upholding the action of the Executive Officer of the Board. Against the above judgment and order dated 5.1.2001, the Respondent preferred Writ Appeal No. 34/2001 before the Division Bench of this Court but subsequently withdrawn. According to the Petitioner when the order of compulsory retirement of the Respondent No. 6 was passed, Sri Atul Bora holding the post of Upper Division Assistant promoted to the post of Head Assistant, had retired from service on 1.1.2002 on attaining the age of superannuation. The Board in its General Meeting held on 26.7.2001 by a resolution had extended the term of service of Sri Atul Bora for another two years as the Head Assistant of the Board. However, Sri Atul Bora was released finally from service on 31.1.2004.
The learned Counsel for the Petitioner submitted that whoever desires to continue in service beyond the age of superannuation has to submit an application before the Chairman of the 'Board' at least three months prior to his retirement along with a fitness certificate from the Civil Surgeon of the district concerned and the Chairman of the Board, thereupon, shall place such request before the 'Board' keeping in mind the concerned employee's efficiency and physical fitness and also with prior approval of the State Government, such employee's intention of seeking continuance could be considered for extension of service. According to him, the Petitioner...
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