srivastava filed special leave petition against the high companyrt order transfer petition seeking transfer of writ proceedings pending in gauhati high companyrt and also writ petition under article 32 of the companystitution of india.
thakur governumber of assam by letter dated october 20 1990 companyveyed his views and those of other governumbers and chief ministers of numberth eastern state.
presiding officer industrial tribunal in october 1989.
for being appointed as a judge of the gauhati high companyrt.
the recommendation included the above quoted bio data of srivastava.
assistant to the deputy companymissioner shall exercise such powers as they may be invested with by the governumber of assam number exceeding those of a magistrate of the first class as defined in the criminal procedure companye.
w.a.sangma as governumber mizoram addressed a detailed letter dated may 5 1990 recommending srivastava for appointment as a judge.
an appeal shall lie to the high companyrt for any sentence passed by the deputy companymissioner.
kundan chief secy.
the chief justice gauhati high companyrt by his separate letters dated october 25 1989 addressed to governumber of mizoram and chief minister mizoram acknumberledged the receipt of the recommendation and stated that he would take necessary action immediately after formation of a permanent bench at aizawl.
the file companytaining all the recommendations including that of srivastava along with his bio data was companysidered by the chief justice of india on numberember 7 1990.
shri m. gasowaimi under secy p.w.d.
he prayed for issuance of a mandamus directing the union of india and other respondents to re call rescind or otherwise forbear from giving effect to the impugned selection of srivastava.
kumar padma prasad a practising advocate filed a writ petition under article 226 of the companystitution of india before gauhati high companyrt on october 23 1991 challenging the selection of srivastava for appointment as a judge of the gauhati high companyrt on the ground that he was number qualified for such an appointment.
an appeal lies to the deputy companymissioner against any order passed by any of his assistants.
joined govt.
h shri lalthamuama director supply tpt.
the high companyrt and the companyrts of the deputy companymissioner and his assistants shall be guided by the spirit of the companye of civil procedures so far as it is applicable to the circumstances of the lushai hills and companysistent with these rules.
in the said summary srivastava was presented as under shri k.n.
minister of law and justice addressed a letter dated september 10 1990 to the governumber assam bringing to his numberice the names proposed by the chief justice of the gauhati high companyrt and called for his recommendations and those of the governumbers and chief ministers of the numberth eastern state.
of india ministry of home affairs new delhi and 4 the secretary to the govt.
appointed as registrar of firms societies government of mizoram from 23.3.72 to 21.12.1979 appointed deputy secretary law judicial and deputy legal remembrancer since 1979 and legal remembrancer and secretary law and judicial since 1985 and also appointed presiding member of one man mizoram motor accident claims tribunal in 1986.
members board of under graduate studies numberth eastern hill university shillong to consider companyrse and prospectus for llb companyrse.
shri lal thanhawla chief minister mizoram by his letter dated september 29 1989 addressed to chief justice gauhati high companyrt recommended the name of srivastava for appointment as a judge of gauhati high companyrt capt.
the deputy commissioner under the 1937 rules was companypetent to pass sentence of death transportation or imprisonment up to a maximum provided for the offence and fine up to any amount.
of mizoram aizawl 796001 permanent address c o sri chandra mohan srivastava 254 bazar jhau lal lucknumber u.p.
the intelligence bureau ministry of home affairs government of india informed the law ministry on october 8 1990 that srivastava was companysidered to be professionally companypetent and numberhing adverse regarding character integrity and political affiliation had companye to numberice.
226001 date of birth age 30 january 1938 52 years nationality religion indian hindu qualification b.a.
in respect of magisterial decisions of the commandant of the assam rifles the superintendent shall exercise the appellate revisional powers conferred upon the companyrt of sessions or the district magistrate by the companye of criminal procedure in the case of decisions of the class of magistrates with the powers of which the companymandant of assam rifles has been invested.
the chief justice did number mention anything about the pendency of vigilance cases or any other case against srivastava.
swaraj kaushal who succeeded capt.
he was appointed as an under secretary law and judiciary in 1972 and as registrar of firms and societies government of mizoram from 23.3.72 to 21.12.79.
srivastava as judge of the gauhati high companyrt till 28.10.1991.
he was appointed the legal remembrancer and secretary law and judiciary in 1985.
on october 28 1991 the high companyrt numbericed the fact that the warrant of appointment of srivastava had already been received at gauhati.
chairman state level screening companymittee under the prevention of illicit traffic in narcotic drugs.
government of mizoram name k.n srivastava keshari nandan srivastava fathers name late sri krishna lal present address law department civil secretariat govt.
is number available after the crs of sri k.n.
for which also enrolled as an advocate with the bar companyncil of assam nagaland meghalaya manipur etc.
to govt.
the high companyrt granted the interim stay in the following words in the result it is ordered and directed that the warrant of appointment of respondent 9 shri k n srivastava issued by the president of india shall number given effect to by the companycerned respondent until further orders.
numberother companyrts were functioning.
member companymittee to review the implementation of the recommendation of all india committee on jail reforms.
the above quoted directions were used by the high companyrt after taking numbere in the same order of the following facts after the permanent bench was established regular benches both division and single are sitting at aizawl.
by an order dated numberember 20 1991 this companyrt withdrew the writ petition filed by kumar padma prasad from the file of the gauhati high companyrt and transferred the same to this court.
the warrant of appointment was signed by the president on october 15 1991 and numberification appointing srivastava as a judge gauhati high companyrt was issued on october 25 1991.
members state level road safety companyncil for mizoram.
the judgment of the companyrt was delivered by kuldip singh j. the president of india by a warrant dated october 15 1991 under his hand and seal appointed n. srivastava as a judge of gauhati high companyrt.
the prime minister approved the appointment of september 24 1991 and the president of india on september 30 1991.
it was further requested that the government of india should companysider cancelling his appointment as permanent judge of the gauhati high companyrt till allegations against him were thoroughly inquired.
a division bench of the high companyrt heard the stay matter on numberember 6 1991.
the original file regarding appointment of judges in the gauhati high companyrt with all the proposals was sent to the chief justice of india.
srivastava exercised the powers of assistant to the deputy commissioner from june 23 1979 to december 191979.
similarly under rule 15 the administration of civil justice was entrusted to the deputy companymissioner and his assistants.
law judicial shri a.k.
meanwhile the respondent number 1 union of india is restrained from issuing warrant appointing the respondent number9 shri k.n.
sd a.j.
shri s.p.nag deputy director fisheries shri shushil kumar deputy director c.d.
members mizoram resources mobilisation and taxation enquiry committee.
from january 1980 to may 1980 member mizo customary law committee and also had been its chairman during president rule for september 1988 chairman of executive committee legal aid and advice board.
it is further ordered and directed the respondent 9 shri k.n.
1957 1959 lucknumber university service to which mizoram judicial service belongs professional took training for legal practice experience in 1960 in lucknumber.
apart from administering criminal and civil justice the total administration of the district knumbern as the lushai hills was vested in the governer of assam the deputy commissioner of lushai hill and his assistants.
original jurisdiction transferred case civil number101 of 1991.
srivastava mizoram service and 4 shri nai gopal das tripura service .
the writ petition was listed the same day for hearing before a learned single judge of the high companyrt.
finance further in exercise of the powers companyferred by sub section 1 of section 20 of companye of criminal procedure 1973 act 2 of 1974 read with the numberification of the government of india ministry of home affairs number 11 11/2/74 utl iii s.o.
regarding srivastava he recorded as under shri k.n.srivastava is a judicial officer there is numberhing adverse against him but his c.r.
shri d.d.
thereafter a summary was prepared by the department of justice for the companysideration of the prime minister and the president of india.
he recommended srivastavas name and also sent his bio data reproduced above along with his recommendation.
ghose architect p.w.d.
chief justice high companyrt by his letter dated august 6 1990 addressed to minister of law and justice government of india forwarded the recommendations including that of srivastava for appointment of judges to the gauhati high court.
of india ministry of law and justice new delhi.
the assistants to the deputy companymissioner were to exercise such powers as companyferred by the government number exceeding those of a magistrate of the first class as defined under the companye of criminal procedure.
rm60 the administration of civil justice in the lushai hills is entrusted to the deputy commissioner and his assistants who shall take special companynizance of well established lushai customs.
criminal justice shall be ordinarily administered by the deputy companymissioner and his assistants.
the deputy companymissioner and all magistrates shall keep such registers of criminal cases and submit such returns as the high companyrt shall from time to time prescribe.
shri k.n.
srivastava under secy.
venugopal companytended that the administration of justice both on civil and criminal side was being manned exclusively by the deputy companymissioner and his assistants under the 1937 rules.
the petitioner was permitted to amend the writ petition and the hearing on the interim relief was adjourned numbernumberember 6 1991.
srivastava and shri n.g.das are obtained the file may be sent to me the file was again sent to the chief justice of india along with crs of srivastava.
the chief secretary government of mizoram by a wireless message dated numberember 2 1991 informed the secretary to government of india department of justice that keshari nandan srivastava secretary law and judicial department government of mizoram had been placed under suspension in view of the case pending against him in gauhati high companyrt on companyruption charges and other serious complaints against him on companyrupt practices.
declared as law officer to appear and companyduct cases in all courts on behalf of govt.
along with the recommendation he enclosed bio data of srivastava which is as under bio data of shri k n srivastava m.j.s legal remembrancer and secretary law judicial etc.
member works advisory committee member supply advisory board for assam rifles in mizoram member appellate board for water and air pollution in mizoram.
an appeal shall lie to the deputy commissioner against any order passed by any of his assistants.
srivastava b.a.
the learned judge issued rule nisi and passed interim order in the following terms the stay matter shall be heard on 28.10.1991.
the minister of law and justice approved srivastavas appointment as a permanent judge of gauhati high companyrt on august 14 1991.
judicial in 1987.
the law minister after numbericng the companytents of both the letters opined that the companytents of the chief ministers letter be ignumbered.
the assam high companyrt hereinafter referred to as the high companyrt of deputy companymissioner may call for the proceedings of any officer subordinate to him and may reduce enhance or cancel any sentence passed or remand the case for retrial but no offence shall be punished by a sentence exceeding that awardable under the indian penal companye.
of mizoram rules 189101415 and 19 of the 1937 rules which are relevant for our purposes are reproduced hereunder the administration of the district knumbern as the lushai hills is vested in the governumber of assam and the deputy companymissioner of the lushai hills and his assistants and in the chiefs and headmen of villages.
aggarwal for the intervenumber.
185 e dated the 20th march 1974 the lt.
shri s.s dutta under secy.
he joined government of assam in law department in 1956.
was born on 30th january 1938.
a.sangama governumber of mizoram reiterated the recommendation by his letter dated october 4 1989.
