State of Bihar and ors. Vs. Ajoy Chandra Dhar - Court Judgment

Excerpt:
service laws - promotion--to the post of kanungo--powers to grant promotion--since the promoted post is that of a kanungo and incumbent is an officer and not a clerk--thus the power is that of the director of land records on the control of all officers. - ravi s. dhavan, c.j. and r.n. prasad, j. 1. all things considered whether the promotion was to be granted by the divisional commissioner or by the director of land records and survey will depend upon the nature of the post to which the person had been promoted. 2. this aspect is relevant. there is rules of executive business framed for the state government of bihar under sub. head 29 is mentioned 'revenue and land reforms department. 3. entry 12 and 13 of the rules of executive business are relevant. these are reproduced:- '2. control of clerical and menial establishments of the board of revenue,commissioners of divisions and district and sub-divisional officers. 13. control of officers employed under the director of land records and surveys, save in so far as the control of officers of the indian civil service, the indian administrative service, bihar civil service and sub-ordinate civil service is vested in the personnel and administrative. reforms department.' 4. the first thing which has to be ascertained is the status of the incumbent who received promotion on the post of a kanungo. thereafter, will come the aspect as to who has the power to grant this promotion. it took a long time for counsel for the state to come out with a categorical statement that the promoted post is that of a kanungo and that this incumbent is, otherwise an officer and not a clerk. thus, if this be the case then the power is that of the director of land records on the control of all officers. 5. these aspects were not considered in the judgment which has been impugned. perhaps, even pleadings were not exchanged on this aspect. 6. with this observation the appeal is allowed.

Judgment:

Ravi S. Dhavan, C.J. and R.N. Prasad, J.

1. All things considered whether the promotion was to be granted by the Divisional Commissioner or by the Director of Land records and Survey will depend upon the nature of the post to which the person had been promoted.

2. This aspect is relevant. There is Rules of Executive Business framed for the State Government of Bihar under Sub. Head 29 is mentioned 'Revenue and Land Reforms Department.

3. Entry 12 and 13 of the Rules of Executive Business are relevant. These are reproduced:-

'2. Control of Clerical and menial establishments of the Board of Revenue,

Commissioners of Divisions and District and Sub-divisional Officers.

13. Control of Officers employed under the Director of Land Records and Surveys, save in so far as the control of officers of the Indian Civil Service, the Indian Administrative Service, Bihar Civil Service and Sub-ordinate Civil Service is vested in the Personnel and Administrative. Reforms Department.'

4. The first thing which has to be ascertained is the status of the incumbent who received promotion on the post of a Kanungo. Thereafter, will come the aspect as to who has the power to grant this promotion. It took a long time for Counsel for the State to come out with a categorical statement that the promoted post is that of a Kanungo and that this incumbent is, otherwise an officer and not a clerk. Thus, if this be the case then the power is that of the Director of Land Records on the control of all officers.

5. These aspects were not considered in the judgment which has been impugned. Perhaps, even pleadings were not exchanged on this aspect.

6. With this observation the appeal is allowed.