RAJENDRA YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a noted Hindi writer who was one of the 8 persons appointed as Part-time member on the Prasar Bharati Board (" Board" for short) by the President of India vide order No.15/11/97-PBC dated 23.11.97. This order which was passed in the name of the President in exercise of powers conferred by sub-Section (1) read with sub Section(4) of section 4 of Prasar Bharti (Boardcasting Corporation of India) Act,1990 (hereafter to be called as " the Act") stipulated that these members shall hold office for a period of six years w.e.f. the dates they assume charge. The petitioner is, however, served with communication dated November 22,1999 informing him that as per sub-Section (3) of Section 6, 1/3rd of the Members have to retire every second year and since two years period was expiring on 22.11.99, petitioner's term concludes on 22.11.99. In fact a similar communication was addressed to another Member Prof. Romila Thapar Accordingly, petitioner and prof Romila stood retired on 22.11.99. In this writ petition petitioner has challenged this order retiring him w.e.f. 22.11.99.

(2.) Mr. D.K. Thapar, counsel appearing for the petitioner has assailed the impugned order on various grounds. His first and foremost submission was that the impugned order was in violation of his terms of appointment contained in the order dated 23.11.97 as per which he was to hold office for a period of six years and, therefore, this period could not have been curtailed by the impugned order. This argument looks attractive in the first blush. However, when examined in little detail in the light of statutory provisions contained in the Act, 1990, the hollowness of the argument stands exposed. The appointment of the petitioner as part-time member was made under Section 4 of the Act. Section-6 of the Act makes provision for term of office conditions of service etc. of Chairman and other members and sub-Section-(3) thereof stipulates that the term of office of part-time member shall be six years but 1/3rd of the such members shall retire on the expiration of every second year. Sub-section-(5) of Section 6 thereafter empowers the President to make such provisions as it thinks fit for curtailing the term of office of some part-time members than appointed in order to that 1/3rd of the members holding office as such part-time members shall retire in every second year thereafter. At this stage, it would be appropriate to reproduce the language of sub-Section-(3) and sub-Section-(5) of Section-6 which read as under:-

(3.) It is not necessary to mention various Ordinance which were promulgated in order to amend the Act, 1990 as these ordinances lapsed. The purpose would be served by referring to Gazette Notification No.S.O.210(E) dated 1.4.99 which was issued in exercise of powers under sub-Section-(5) read with sub-Section-(3) of Section 6 of the Act as well as Order No.S.O.1160(E) dated 22.11.99. In fact only these two documents were referred to by the counsel while making submissions although Writ Petition traces out the history of all Ordinances issued after the Act of 1990 was enacted. In para-2 of Notification dated 1.4.99 it is mentioned that term of office of 1/3rd of the part-time members of the Prasar Bharti Board shall expire on 22.11.2003, the second category of 1/3rd of the part-time member on 22.11.2001 and third category of 1/3rd of the part-time member on 22.11.99 respectively. In para-3, it is stipulated that for purpose of paragraph-2, names of par-time member shall be chosen by draw of lots in public. Thereafter S.O.No.1160(E) dated 22.11.99 was issued as per which, in the opinion of the President, the curtailment of term of office of part-time member under sub-Section-(5) of Section-6 of the Act should be based on experience, expertise and background of the members and the contribution to be effective and harmonious working of The Board. This orderis issued in supersesion of earlier S.O.210(E) dated 1.4.99 and the relevant portion thereof reads as under:-