GOSWAMI, C. J.:- The above two references were made by the learned Sessions Judge, Nowgong, recommending that the orders passed by Sri R. M. Go­swami, Additional District Magistrate, Nowgong, be quashed, in view of the unreported Division Bench decision of this Court in Criminal Misc. Case No. 479 of 1969 (Assam) disposed of on 3-10-1969. It was held in that decision that Sri R. M. Goswami "had no jurisdiction at Nowgong to exercise any magisterial power there". 2. A number of petitions has been made in this Court challenging the orders passed by the Additional Magis­trate in question. As the point did not appear to be free, from some doubt these references are placed before this Full Bench for consideration of the entire matter. 3. The principal question before this Full Bench is whether Sri R. M. Goswami, Additional District Magistrate, had jurisdiction at Nowgong to exercise any magisterial powers there. 4. On 12th September, 1968, the State Government suggested to the High Court the name of Sri R. M. Goswami, Sub-Divisional Officer, Nalbari, who was due for promotion to senior scale of A. C. S. I. (equivalent to Additional District Magistrate) for consideration for appointment as Additional District Magistrate (J) and his character roll was also sent to the High Court along with this proposal. The High Court accepted the proposal by telegram dated 19-9-1968 and also simultaneously on that very day sent a notification to the Gov­ernment which may be quoted: "No. HC. VII-I/68/8853/A. On his services being placed at the disposal of the Hon'ble High Court, Shri Rajendra Mohan Goswami, A. C. S., is appointed as Additional District Magistrate (Judi­cial). Nowgong with effect from the date of his joining vide Shri Sudhish Kumar Senapati. This cancels the High Court's Noti­fication No. HC. VII-I/68/7435A dated 26-7-1968". A copy of this Notification was forward­ed to the Chief Secretary, the Law Secretary, Accountant-General, Sri. R. M. Goswami and amongst others to the Superintendent, Assam Government (Contd. in column 2) Press, Shillong for favour of publication in the Assam Gazette. The Government in its turn passed orders on 24th Septem­ber, 1968 and communicated by telegram to the officers concerned in the following terms: STATE "EXPEESS TELEGRAM Shri R. M. Goswami Shri N. N. Narzari Deputy Controller Sub-divisional and Additional Sadar Sub.divisional Nalbari Jorhat. in column 2) Press, Shillong for favour of publication in the Assam Gazette. The Government in its turn passed orders on 24th Septem­ber, 1968 and communicated by telegram to the officers concerned in the following terms: STATE "EXPEESS TELEGRAM Shri R. M. Goswami Shri N. N. Narzari Deputy Controller Sub-divisional and Additional Sadar Sub.divisional Nalbari Jorhat. AAA468 P You are promoted to ACS Senior Grade and transferred posted as ADM (J) Nowgong AAA Please take necessary steps to join your new assign­ment soon AAA Formal notification will issue due course AAA addressed Shri Goswami Sub-Divisional Nalbari Repeated Shri N. N. Narzari Deputy Controller and Additional Sadar Sub-divisional Jorhat with request to proceed to Nalbari after handing over charge to other Sadar Sub-divisional for taking over charge of sub-divisional from Shri Goswami. Assam." A confirmatory copy of this telegram was sent by post the same day to the Officers and also amongst others to the Registrar, High Court, by order of the Governor. This telegram is marked as Annexure 'E' in the records. Then followed the Notification dated 26th September, 1968 in the following terms: "No. AAA 4/68/Pt. II:- On relief, Shri R. M. Goswami, A. C. S., Sub-Divisional Officer, Nalbari is tempora­rily and until further orders promoted to officiate in the Senior Grade of A. C. S. I., with effect from the date he assumes charge of the post of Additional District Magistrate (J), Nowgong, as already notified by the Hon'ble High Court vide notification No. HC. VII-I 68/A dated 19-9-1968. The services of Shri R. M. Goswami, A. C. S., are placed at the disposal of the Hon'ble High Court with immediate effect, for appointment temporarily and until further orders as Additional Dis­trict Magistrate (J), Nowgong". 5. In the above unreported deci­sion, a concession was made by the learned Government Advocate that "that there is no Government notification ap­pointing Sri Goswami as Additional Dis­trict Magistrate (Judicial), Nowgong". Since the point was not precisely taken on behalf of the State, the Court observ­ed as follows: "Sri Goswami who Is admittedly a member of the Assam Civil Service, could be appointed as an Additional Dis­trict Magistrate at Nowgong under Sec­tion 10 (2) of the Criminal Procedure Code by the Government. This was also not done, Sri Goswami was not previous­ly posted at Nowgong. Hence he had no jurisdiction at Nowgong to exercise any magisterial power there. This was also not done, Sri Goswami was not previous­ly posted at Nowgong. Hence he had no jurisdiction at Nowgong to exercise any magisterial power there. In this view of the matter, the entire proceedings must be quashed.........", On a perusal of the records and also from the Judgment, it appears that there was only one annexure filed by the peti­tioner in that case, namely the Notifica­tion of the High Court dated 19-9-1968, which we have quoted above, and the Court dealt with that Notification only. The Registrar, High Court also produced the same along with the notification dated 26th September, 1968, which also we have quoted above. The matter there­fore turned on the Assam Judicial Ser­vice Rules. It was not even denied by the State there that the officer "was never appointed as an Additional Dis­trict Magistrate under the aforesaid rule by the Government." Since under R. 5 (4) (b) of the Assam Judicial Service Rules, such an officer has to be appoint­ed by the Governor either by promotion from Grade III in consultation with the High Court or by direct recruitment on the concession made that there was no such notification of the Government under the Rules clinched the issue in that case. This position is unexception­able under the Rules. The then Regis­trar, it appears, somehow, thought that he would discharge his duty fully by bringing to the notice of the earlier Divi­sion Bench only the two notifications dated 19th and 26th September, 1968, while leaving out an important docu­ment, like Annexure 'E' dated 24th Sep­tember, 1968. The present Registrar, under orders of the Court, has produced all the relevant correspondence and orders from the High Court records by swearing an affidavit. We now find from Annexure 'E', quoted above, that Sri R. M. Goswami "was transferred and post­ed as Additional District Magistrate (Judi­cial), Nowgong". This order of the State Government is in terms of Section 10 (2) of the Code of Criminal Procedure and we see from Annexure 'F' that Sri R. M. Goswami was invested by Government with the powers of a Magistrate of the first class as early as 2nd April, 1958. When, therefore, in pursuance of the order of the Government dated 24-9-196& (Annexure 'E'), Sri R. M. Goswami joined as Additional District Magistrate (Judicial) at Nowgong, he was authoris­ed under the law to exercise powers of Additional District Magistrate. When, therefore, in pursuance of the order of the Government dated 24-9-196& (Annexure 'E'), Sri R. M. Goswami joined as Additional District Magistrate (Judicial) at Nowgong, he was authoris­ed under the law to exercise powers of Additional District Magistrate. The con­ferment of powers is within the compe­tence of the State Government and that has been done in this case in accordance with law. There is, therefore, no error of jurisdiction in Sri Goswami exercis­ing magisterial powers at Nowgong from 24th September, 1968. The exercise of powers under the Code of Criminal Procedure by Sri Goswami, therefore, cannot be questioned. 6. The references are according­ly rejected. The cases will go back to the learned Sessions Judge for disposal of the revision applications before him on the merits in accordance with law. D. M. SEN, J.:- 7. I agree. M. C. PATHAK J.:- 8. I agree. References rejected.