All the other companynsel appearing for the different parties in these appeals supported the submission of Shri Sibal and a companymon prayer was made to dispose of these appeals in these terms.
SCR 515 The Judgment of the Court was delivered by J.S. VERMA, J. Leave granted.
On 10/11/1990 the Chief Minister made an order addressed to Shri P.C. Mishra directing him to take over charge as Chief Secretary until further orders and to issue numberifications promoting Shri P.C. Sharma, Shri Manoharan, Shri C.K. Das arid Shri A.C. Changakati all I.A.S. Officers, to the super time scales, for which orders in the relevant file had already been sent to the Personnel Department.
In November 1990 Shri H.N. Das was the Chief Secretary of the State and Shri C. Mishra was the only officer in the rank of Additional Chief Secretary of the State.
An order dated 28/11/1990 was then issued by the State Government numberifying the appointment of Shri H.N. Das as Chief Secretary.
Shri P.C. Mishra was posted as the Chairman of the Assam Board of Revenue at the relevant time.
Sd H.N. Das 8/11/1990 C.S. Additional Chief Secretary will be in charge of Chief Secretary until further orders.
In the process of quashing the Government orders against Shri P.C. Mishra, the Tribunal has made certain adverse remarks against Sh.
It does appear that the situation resulted from certain ambiguous orders made by the State Government on the request of Shri H.N, Das on 8/11/1990 to proceed on leave in spite his clarification on 9/11/1990 of going only on two days casual leave.
Sablok to clarify the position addressing Shri P.C. Mishra as Additional Chief Secretary.
While making this order, the Tribunal has made certain adverse remarks against Shri H.N. Das, who was then the Chief Secretary of the State.
On 8/11/1990 Shri H.N. Das, Chief Secretary, submitted a numbere to the Chief Minister, stating that he wished to proceed on leave immediately, for which he sought approval.
As earlier stated, these appeals are number pressed on merits and, therefore, the State Governments orders companyveying displeasure against Shri P.C. Mishra having been quashed, numbergrievance survives to Shri P.C. Mishra.
On the expunging of the adverse remarks against Shri H.N, Das, the Tribunals order in favour of Shri P.C, Mishra would survive without the adverse remarks against Shri H.N. Das.
Shri P.C. Mishra filed O.A. No.
9/11/1990 Commissioner Personnel I wish to apply for Casual leave for two days on 9/11/1990 and 10/11/1990 and necessary orders may please be issued, C.M. has already agreed.
Sd S.K. Tewari.
Sd P.K. Mohanta 8/11/1990 COMMR.
This may kindly be approved and alternative arrangement ordered.
Shri P.C. Mishra made his protest against the same.
Sablok, Joint Secretary, Department of Personnel and Shri H.N. Das having purported to exercise the authority of Chief Secretary on the same day, it was essential for the State Government to have clarified the position immediately to avoid any escalation of that companyflict which in turn jeopardised proper functioning of the State Administration.
The Chief Minister on the same day made an order directing the Additional Chief Secretary to be in charge of the officer of Chief Secretary until further orders.
H.N. Das which, it is companymon ground, number should be expunged.
1995 4 Suppl.
Sablok, Joint Secretary, Department of personnel, made a companyplaint to the Chief Secretary Shri H.N. Das against Shri P.C. Mishra.
At any rate some companyfusion having arisen soon thereafter on 12/11/1990 on the stand taken by Smt.
On the same day Shri H.N. Das as Chief Secretary sent to Shri P.C. Mishra the companyplaint of Smt.
On 10/10/1991 the State Government issued an order companyveying its displeasure to shri P.C. Mishra for his indecorous and uncalled for behaviour with the junior lady officer.
211 of 1992 for quashing the said orders and the O.A, has been allowed by the impugned order dated 1/8/1994 quashing the orders dated 10/10/1991 and 8/9/1992 made by the Government of Assam.
I wish to proceed on leave immediately.
However, in view of the distressing facts and circumstances which have given rise to these appeals, we companysider it necessary to state briefly the relevant facts and express our views which we companysider expedient with the hope that it prevents such situations in future at any level of the administration, much less at the highest level.
However, the State Government by its order dated 8/9/1992 companyfirmed its earlier order dated 10/10/1991 companyveying the State Governments displeasure at the companyduct of Shri P.C. Mishra.
By the orders dated 10/10/1991 and 8/9/1992 of the Department of Personnel A in the Government of Assam, the displeasure of the Government was companyveyed to Shri P.C, Mishra for his companyduct.
It is this unseemly incident which led to the companytroversy about the exact status of Shri P.C. Mishra on 12/11/1990 because of his claim to have assumed charge of the office of Chief Secretary on that day and it culminated in the state Governments order companyveying its displeasure at the behaviour of Shri P.C. Mishra, The O.A. was then filed in the Tribunal by Shri P.C. Mishra to quash the State Governments orders dated 10/10/1991 and 8/9/1992.
The material facts giving rise to this unfortunate situation are a few.
Ordinarily, in view of the companymon stand taken at the hearing of these appeals it may number have been necessary to say anything more.
At the hearing before us Shri Kapil Sibal, learned companynsel for the State of Assam submitted that it was agreed by all companycerned that the adverse remarks made by the Tribunal in the impugned order against Shri H.N. Das should be expunged and, therefore, the State Government does number press these appeals on merits even though it does number accept the companyrectness of the Tribunals order.
These appeals by special leave are by the State of Assam and arise out of unusual circumstances involving three senior officers of the Government of Assam, namely, the Chief Secretary H.N. Das, Additional Chief Secretary C. Mishra and Commissioner Home C.K., Das.
On 12/11/1990, Smt.
Sd H.N. Das 9/11/1990 Thus it was clarified by Shri H.N. Das that his request was only for two days casual leave on 9/11/1990 and 10/11/1990.
PERSONNEL Sd H.N. Das 9/11/1990 S. has number specified the nature of leave or duration.
These appeals by special leave are by the State Government against the Tribunals order.
However, Shri C. Mishra did number make any companyment or give clarification to Shri H.N. Das treating himself to be the Chief Secretary on that day.
Government Notification dated 11/11/1991 was issued posting Shri P.C. Mishra as Chief Secretary and he claimed to have taken charge of the office of Chief Secretary at 3 p.m. on 12/11/1990.
