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Issues: Validity of appointment as Supervisor of Panchayats based on communication of appointment order.
Analysis: The petitioner, a lower division assistant, applied for a Supervisor of Panchayats position under the West Bengal Panchayat Act. The Director of Panchayats advised filling three vacancies by promotion, and the petitioner was selected for one of the posts. However, before the appointment order was communicated to the petitioner, it was recalled and cancelled by the Director of Panchayats. The petitioner contended that since the appointment letter was sent to the District Magistrate for communication, it constituted a valid appointment. The court cited the principle that an order must be communicated to be effective, referencing a Supreme Court case where it was held that until an order is communicated, it remains of a provisional nature. The court emphasized that communication is essential for an order to be binding on the concerned individual. In this case, as the appointment order was never communicated to the petitioner, it was deemed incomplete and ineffective. Therefore, the petitioner had no legal standing to seek relief through a writ petition. The court dismissed the application, discharged the rule, and vacated any interim order, with no costs awarded. This judgment highlights the significance of communication in finalizing an order's effectiveness, particularly in the context of appointments. It clarifies that an order, even if made by a competent authority, must be communicated to the individual affected by it to be considered valid and binding. The court's reliance on the principle established by the Supreme Court underscores the importance of ensuring proper communication to confer legal rights or obligations. The decision reaffirms that until an order is received or presumed to have been received by the concerned party, it remains provisional and subject to change. In this case, the failure to communicate the appointment order rendered it incomplete and nullified the petitioner's claim to the Supervisor of Panchayats position. The judgment serves as a precedent for emphasizing the procedural requirement of communication in finalizing administrative decisions and appointments to prevent ambiguity and protect individuals' rights.
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