TMI Blog1966 (10) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-division of Lakhimpur District. His father also before his death was the Mauzadar of Mancotta Monza for about 52 years from 1885 to 1938. Under the orders of the Deputy Commissioner, Lakhimpur, the respondent was suspended on August 22, 1949 and was dismissed from the office of the Mauzadar on July 4, 1962. It is common case that this dismissal from office was made without complying with the provisions of Art. 311(2) of the Constitution. On a writ petition filed by the respondent, the Assam High Court quashed the order of dismissal. The High Court held that the respondent held a civil post under the State of Assam, and was entitled to the protection of Art. 311(2) of the Constitution. The correctness of this finding is challenged by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Deputy Commissioner. A Mauzadar is a public servant whose primary duty is to collect land revenue and other Government dues with the collection of which he is entrusted. He is responsible for the collection of poll-tax, house-tax, tauzi-bahir revenue, grazing fees and forest dues. He undertakes to pay into the treasury the full amount of all instalments of land revenue and local rates included in the Jamabandi and of house-tax, poll-tax and grazing fees within one month of the date on which they fall due for payment. In regard to land revenue, his duties are confined to collection and he is not concerned with its assessment, the settlement of land and the checking of maps or assessment papers. He is charged with the special dutie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... attend upon him, when required, during such investigations as are conducted by him. The Mauzadar is required to keep and maintain a number of official registers, and minute details of keeping the accounts and the registers are prescribed. The criminal prosecution of a Mauzadar requires the Commissioner's sanction. In exceptional cases, the Deputy Commissioner may impose upon him an executive fine of an amount not exceeding ₹ 200/-. The Mauzadar is permitted to address his correspondence with Government offices service bearing , and is given a small annual allowance for the provision of stationery. I* is responsible for the payment of process fee on all processes issued at his instance. His remuneration as Mauzadar is generall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t connected with defence; it is a post on the civil as distinguished from the defence side of the administration, an employment in a civil capacity under the Union or a State.See marginal noted of Art.311. In Art.311,a member of a civil service of the Union or an all-India service or a civil service of a State is mentioned separately, and a civil post means a post not connected with defence outside the regular civil services. A post is a service or employment. A person holding a post under a State is a person serving or employed under the State. See the marginal notes- to Arts. 309, 310 and 311. The heading and the subheading of Part XIV and Chapter I emphasise the element of service. There is a relationship of master and servant between th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a post under the administrative control of the State. The State may create or abolish the post and may regulate the conditions of service of persons appointed to the post. Judged in this light, a Mauzadar in the Assam Valley is the holder of a civil post under the State. The State has the power and the right to select and appoint a Mauzadar and the power to suspend and dismiss him. He is a subordinate public servant working under the supervision and control of the Deputy Commissioner. He receives by way of remuneration a commission on his collections and sometimes a salary. There is a relationship of master and servant between the State and him. He holds an office on the revenue side of the administration to which specific and onerous du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost outside the regularly constituted services is too wide and cannot be supported. In Sher Singh v. State of Rajasthan I.L.R. [1956] 6 Rai. 335, 339-340, the Rajasthan High Court held that a chaudhari appointed under the Land Revenue Act of Bikaner is not entitled to the protection of Art. 311. The report of the case does not disclose the functions of the chaudhari and the regulations governing his employment. In Bindu Nath v. State of Assan A.I.R. 1959 Assam. II S. , the Court found that the applicant was never appointed to the post of a Mauzadar, and no question of the protection of Art. 311 could arise in the circumstances. The appeal is dismissed with costs. V.P.S. Appeal dismissed. - - TaxTMI - TMITax - Indian ..... X X X X Extracts X X X X X X X X Extracts X X X X
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