From a perusal of the above instructions, it is clear that the Presiding Officer has no authority to appoint any person on adhoc basis or temporary basis. Whatever may be the hardship caused to the Presiding Officer in serving summons to the parties, still, the Presiding Officer has to follow the executive instructions in the absence of the Rules. The letter, dated 27.9.1999, of the Ministry of Finance stipulates that as regards recruitment of staff for other posts, they have received some applications, which were being scrutinised and selection to fill up those posts on deputation would be finalised. In pursuance of this letter, it is clear that the Presiding Officer has no authority or power to appoint any person especially without calling for applications from the Employment Exchange. Therefore, the appointment of the petitioner is contrary to the Circular Instructions, dated 27.9.1999. The justification letter, dated 27.11.2001, given by the Presiding Officer, who appointed the petitioner, would reveal that the post has been filled up in view of the exigencies of the work after adopting the prescribed procedure under the Recruitment Rules notified for other Debt Recovery Tribunals, but those Recruitment Rules have not been enclosed to show that there was justification for appointing the petitioner after receiving an application directly. He also placed reliance on a letter, dated 8.3.2002, written by the
