R P SHAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the Notice dated 4-11-1989 issued by respondent-1 calling upon the petitioner to show cause as to why his nomination as the Chairman of the Karnataka State Pollution Control Board should not be cancelled.

(2.) The petitioner has sought for a certiorarifor quashing the impugned notice and also for prohibiting the respondents from taking further action in pursuance of the impugned notice. He has also sought for a mandamus to continue the petitioner till 9- 8- 1991 in office as Chairman of the Karnataka State Pollution Control Board.

(3.) The following are the material facts of the case:The petitioner who is a Post Graduate Degree holder in Public Health Engineering had been working for 15 years in different capacities in the Public Works Department of the Government of Karnataka. By a Notification dated 8-8-1988 issued by the State Government, the petitioner who was serving as a Superintending Engineer in the Public Works Department was promoted as Chief Engineer of the same Department and his services were placed at the disposal of the Department of Ecology and Environment for the purpose of appointment as Chairman, Karnataka State Pollution Control Board, Bangalore (hereinafter referred to as 'the Board') and was appointed with immediate effect and until further orders under Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act') as Chairman of the Board in the place of S. Hanumanth Rao who retired from service. On 12-12-1988, the State Government issued an order in relation to the appointment of the petitioner as the Chairman of the Board notifying the terms and conditions governing his deputation from the Public Works Department to the post of Chairman of the Board enumerating his service conditions. According to this order, the term of office of the petitioner would expire on 30-11-1989. This order was communicated to the petitioner which is not disputed. The petitioner assumed charge and started functioning as the Chairman of the Board subject to the said terms and conditions. For the first time on 24-8-1989, the petitioner addressed a letter to the Secretary to the Government, Department of Personnel & Administrative Reforms, Bangalore, which reads as follows:-