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2017 DIGILAW 990 (GAU)

Surjya Kanta Bora S/o Late Nara Kanta Bora v. Urban Board Engineers' Association

2017-07-26

AJIT SINGH, MANOJIT BHUYAN

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JUDGMENT : AJIT SINGH, J. This intra-court appeal is directed against the order dated 4.8.2015 passed by the learned Single Judge of this High Court, whereby, he has allowed respondents' WP(C) No. 4236/2008. 2. Respondent No. 1 is an Association of Engineers of the Assam Urban Water Supply and Sewerage Board (in short “The Board”) and Respondent No. 2 is its General Secretary. The Board was established through a statutory enactment i.e. Assam Urban Water Supply and Sewerage Board Act, 1985 (in short “The Act”). 3. Respondent No. 4, who is Managing Director of the Board, vide order dated 19.12.2006, appointed the appellant as Secretary of the Board, which Respondent Nos. 1 and 2 challenged by filing WP(C) No. 4236/2008 on the ground that the Managing Director was incompetent to make such appointment. The learned Single Judge, after hearing the parties, agreed with Respondent Nos. 1 and 2 and quashed the appellant's appointment order dated 19.12.2006 as Secretary. Aggrieved, the appellant has filed the present appeal. 4. The sole question which calls for our consideration is whether the Managing Director of the Board is competent to appoint Secretary of the Board. 5. Section 8 of the Act deals with the appointment of Secretary, Chief Engineer, Chief Accounts Officer and other Officers and Employees of the Board. It reads as under:— “8. The Board may appoint a Secretary, a Chief Engineer, an Accounts Officer and such other Officers and Employees as it considers necessary for the efficient performance of its functions: Provided that the appointment of the Secretary, Chief Engineer and Chief Accounts Officer shall be made with the previous approval of the Government. Provided further that in case of emergency - (a) The Managing Director may appoint, temporarily for a period not exceeding three months such Officers or Employees as may, in his opinion, be required for the purpose of this Act, and the employment of whom for any particular work had not been prohibited by any resolution of the Board; and (b) Every appointment made under clause (a) shall be reported by the Managing Director to the Board at the next meeting.” 6. The above quoted Section 8 clearly says that the Board may appoint a Secretary, a Chief Engineer, an Accounts Officer and such other Officers and Employees as it considers necessary for the efficient performance of its functions, subject to condition that appointment of the Secretary, Chief Engineer and Chief Accounts Officer shall be made with the previous approval of the Government. No previous approval of the Government is, however, needed for appointment of other Officers and Employees made by the Board. Section 8 also provides that in case of emergency, the Managing Director may appoint, temporarily for a period not exceeding three months such Officers and Employees as may, in his opinion, be required for the purpose of this Act and the employment of whom for any particular work had not been prohibited by any resolution of the Board. The Section further says that every such appointment made by the Managing Director shall be reported by him to the Board at the next meeting. The Managing Director is, thus, apparently not competent to make appointment to the higher positions like the Secretary, Chief Engineer and Chief Accounts Officer even in case of emergency and Secretary, Chief Engineer and Chief Accounts Officer can be appointed only by the Board and that too with the previous approval of the Government. In the case at hand, neither the appellant nor the counsel of Managing Director has produced any decision of the Board to appoint the appellant as Secretary. And as the Managing Director, without any authority, vide order dated 19.12.2006, illegally appointed the appellant as Secretary of the Board, the learned Single Judge has rightly quashed the same. 7. The appeal has no merit and is accordingly dismissed.