R A PARANGUSA DAS Vs. N UGRAMURTHY

JUDGEMENT

(1.) THIS appeal at the instance of the 3rd respondent in Dr. N. Ugramurthy v The Chief Secretary, Government of Karnataka, Bangalore and others, is directed against the order dated 25-6-1998 passed by the learned Single Judge allowing the petition preferred by the 1st respondent and directing the removal of the appellant from the office of the post of Director, Sanjay Gandhi Accident Hospital and Research Institute, Byrasandra, Jayanagar East, Bangalore - 11 with effect from 20-6-1997 by issuing a writ in this regard. Obviously the learned Single judge has issued a writ in the nature of quo warranto and declared that the continuation in office of the appellant on and after 20-6-1997 was unauthorised but nevertheless saved the actions and official duties discharged by the appellant by applying the de facto theory recognised and approved by the Apex Court in the case of Gokaraju Rangaraju v State of Andhra Pradesh.

(2.) THE brief facts leading to the above appeal are that the appellant was working as a Professor and Head of Department of Plastic Surgery, bowring and Lady Curzon Hospital, Bangalore and in the services of the government of Karnataka. He was appointed as Director of the Sanjay gandhi Institute of Accident and Rehabilitation and Physical Medicine, bangalore (for short 'the Institute') vide Government Order No. HFW/73/ptd/92, dated 19/20-6-1992, Annexure-A to the writ petition. The Institute is a Society registered under the Karnataka Societies Registration Act, 1960 and the Society was known as Bangalore Accidents rehabilitation and other Services. The administration of the Society is through the Governing Council chaired by the Hon'ble Minister of health and Family Welfare, Government of Karnataka who is an ex officio member and Chairman of the Council. Secretaries to Government, in the Departments of Finance, Health and Family Welfare and home are also ex officio members. The Draftsman and ex officio Additional Secretary to the Government, Department of Law and Parliamentary Affairs is also a member. The Commissioner of Bangalore City corporation and the Commissioner of Police are also likewise ex officio members. The Directors of National Institute for Mentally Handicapped and Neuro Sciences and Health and Family Welfare Services, Government of Karnataka are also ex officio members. The Superintendent of victoria Hospital is another ex officio member. General Secretary to indian Red Cross Society, Bangalore, Chief Traffic Manager, KSRT, Assistant Professor of Plastic Surgery, the President, Surgical Society of bangalore and the Superintendent of St. Marthas Hospital, Bangalore are all ex officio members and the Director of the Institute is the Member Secretary. Majority of the members referred to above are part of the government and hold office under the Government and are also members of the Council and a member nominated by the Chairman of the governing Council from among the representatives of a Hospital with 15 or above bed capacity.

(3.) THE Government of Karnataka which had issued an order on 19-6-1992 appointing the appellant as Director of the Institute on contract basis with immediate effect until further orders, modified the same by notification dated 20-6-1992 deleting the contractual basis mentioned in the earlier order. Another notification was issued on 14th July, 1993 appointing the appellant as Director of the Sanjay Gandhi Accident hospital and Research Institute, Bangalore for a period of 5 years or till he attain 62 years of age, whichever is earlier from the date he assumes charge on contract basis as per the Resolution No. 05 of Governing council of Sanjay Gandhi Accident Hospital and Research Institute. The terms and conditions governing the contract appointment shall be issued in due course, recited the notification. A copy was annexed as Annexure- C to the writ petition. The "period of 5 years" and "on contract basis" was mentioned for the first time in this notification dated 14-7-1993 and it recited the resolution of the Governing Council of the Sanjay Gandhi accident Hospital and Research Institute. It has also mentioned that the period to run from the date the appellant assumes charge on contract basis as per Resolution No. 05 of Governing Council of the Sanjay gandhi Accident Hospital and Research Institute.