STATE OF PUNJAB Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) These are appeals by special leave. In both these appeals we are concerned with the validity of the removal from office of the concerned respondents under S. 10 (1) (e) (iv) of the Electricity (Supply) Act, 1948 (which will hereinafter be referred to as the Act).

(2.) We shall first take up the case of the respondent Shri Baktawar Singh. He was appointed as a member of the Punjab State Electricity Board, Patiala by the Punjab Government on April 29, 1967 for a period of five years under S. 5 of the Act. After giving him a show cause notice and obtaining his reply thereto the Punjab Government removed him from the membership of the electricity board on April 25, 1969 in purported exercise of its powers under S. 10 (1) (e) (iv) of the Act. He challenged the validity of the order removing him from office by means of a writ petition under Article 226 of the Constitution before the High Court of Punjab and Haryana on various grounds. The High Court of Punjab and Haryana has accepted his writ petition and quashed the order complained of.

(3.) Now coming to the case of the respondent Shri Rajinder Pal Abrol, he was appointed as a member of the Punjab State Electricity Board, Patiala by the Punjab Government on August 20, 1968 for a period of five years under S. 5 of the Act. After giving him a show cause notice and obtaining his reply thereto, he was removed from the membership of the board on August 1, 1969. The government purported to remove him under S. 10 (1) (e) (iv) of the Act. He also challenged the validity of the order removing him before the High Court of Punjab and Haryana. His petition was also accepted and the impugned order struck down.