AIR 1954 ASSAM 261

Assam High Court

Hon'ble Judge(s): Ram Labhaya, H. Deka , JJ

Constitution of India , Art.226— Administrative proceedings - Interference with - Appointment of Mauzadars. Assam Land Revenue Manual , — The appointments of Mauzadar are made under executive instructions in the exercise of powers of the Provincial Government. By issuing executive instructions as contained in 1 Para 115 of the Manual and permitting the Deputy Commissioner to appoint or dismiss mauzadar subject to the approval of the Government, the power that vests in the Government has not been surrendered. It remains with the Government.(Para 8) The executive instructions contained in Para 115 are not rules which have the force of law. A surrender of powers of the Government is possible by legislative enactments or by rules which have the force of law. Mere executive instructions for the guidance of subordinate officers for making provisional appointments do not have the force of such rules as may be enforced against the Government in a Court of law and do not create enforceable rights.(Para 8) Where no appointment could be finalised without the approval of the Provincial Government and where the whole case is before the Provincial Government for approval of the appointment made by the Deputy Commissioner, it cannot be regarded as having exceeded its power if the Government decide....