Calcutta High Court (Appellete Side)
( Smt. Archana Banerjee (Basu) vs The State Of W. B. & Ors. ) on 3 July, 2013
Author: Murari Prasad Shrivastava
Bench: Murari Prasad Shrivastava
(36) 03.07.2013 W. P. No. 595 (W) of 2003
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( Smt. Archana Banerjee (Basu) -vs- The State of W. B. & Ors. )
Mr. Amarendra Nath Ray,
Mr. N. C. Dey ... for the petitioner.
In spite of notice, none appears on behalf of the
respondents. Affidavit-of-service filed in Court today be
kept with the record.
The present writ petition has been filed challenging the memorandum of the Judicial Department, Government of West Bengal, dated 12th August, 2002 enclosing therein the order of the Secretary to the Government of West Bengal cancelling the earlier appointment of the petitioner as Non-Official Marriage Officer being annexure-'P/11' to the writ application.
Going through the records I find that the petitioner was appointed as Non-Official Marriage Officer by the respondents by virtue of Notification dated 17.07.1997 and on the basis of the appointment order the petitioner started functioning as Non-Official Marriage Officer with effect from 27.08.1997. Subsequently, by virtue of the Notification dated 04.09.1997 the petitioner was suddenly asked to assume charge of the office of the Non-Official Marriage Officer with effect from such date as the State Government by order would determine. The petitioner submitted representation but without assigning any reason the petitioner was advised not to function as Non-Official Marriage Officer as per the 2 amended Notification dated 04.09.1997. The petitioner finding no other way out preferred a writ petition being W. P. No. 20922 (W) of 2000 whereupon this Court disposed of the said writ petition directing the Deputy Secretary, Judicial Department, Government of West Bengal, to consider the grievances of the petitioner treating the writ petition as representation of the petitioner. Thereafter, the Secretary, Judicial Department, Government of West Bengal, examined all the necessary materials including the documents produced by the petitioner and cancelled the appointment of the petitioner on the ground that no approval had been obtained from the higher authorities and the interview was conducted without the approval of the Principal Secretary and the Minister-in-Charge.
The said order which was conveyed by the impugned memorandum has been challenged in the present writ proceeding. No circular or any rule has been cited either in the impugned order or produced before this Court to show that the ground on which appointment of the petitioner was cancelled was in violation thereof. In fact, it is found that the documents produced by the petitioner as well as on the basis of interview held the petitioner was found fit to be appointed as Non-Official Marriage Officer. The impugned memorandum enclosing the order is clearly violative of the principles of natural justice and fair play 3 and the respondents simply without any cogent reason cannot cancel the appointment of the petitioner. Under such circumstances, the writ petition is allowed. The impugned memorandum dated 12th August, 2002 being annexure-'P/11' to the writ application is hereby quashed and the respondents are directed not to give any effect to the same. The respondents shall allow the petitioner to function as Non-Official Marriage Officer with immediate effect. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be made over to the petitioner as early as possible upon compliance of all requisite formalities.
(Murari Prasad Shrivastava, J.)