T. CAJEE versus U. JORMANIK SIEM AKD ANOTHER.

T. CAJEE versus U. JORMANIK SIEM AKD ANOTHER.

District Council had power to remove administrative personnel under Sixth Schedule, and Executive Committee could act in emergencies per r. 30(a); interim suspension is valid but remuneration must be paid in absence of statute/rule to the contrary; law passed in 1959 now governs further action.

Parties
Appellant: T. Cajee; Respondent 1: U. Jormanik Siem; Respondent 2: Respondent No. 2
Jurisdiction
India
Judgment Date
20 September 1960
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated April 19, 1960, of the Assam High Court in Civil Rule No. 69/1959
Outcome
Appeal allowed;
Legal Topics
Removal of Tribal Chief, Powers of District Council, Suspension of Administrative Personnel, Sixth Schedule of Constitution of India
Constitutional Law Administrative Law Customary Law Removal of Tribal Chief Powers of District Council Suspension of Administrative Personnel Sixth Schedule of Constitution of India

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Parties

T. Cajee

Appellant

U. Jormanik Siem

Respondent 1

Respondent No. 2

Respondent 2

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated April 19, 1960, of the Assam High Court in Civil Rule No. 69/1959

Legal Issues

  1. 1 Whether a tribal Chief may be removed by administrative action without making a law under the Sixth Schedule of the Constitution
  2. 2 Powers of District Council/Executive Committee regarding appointment and removal
  3. 3 Validity of interim suspension without statutory provision

Ratio Decidendi

District Council had power to remove administrative personnel under Sixth Schedule, and Executive Committee could act in emergencies per r. 30(a); interim suspension is valid but remuneration must be paid in absence of statute/rule to the contrary; law passed in 1959 now governs further action.

Court Disposition

Appeal allowed;

Orders

  • Order of Assam High Court set aside.
  • Further action to be taken in accordance with the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959.