DATTAJI CHIRANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . These petitions under Arts. 226 of the Constitution challenge the orders passed by the State Government replacing the Chairmen of about 12 Statutory Boards and Corporations and 13 Government Companies/Societies. All these petitions were taken up for final disposal with the consent of the learned Counsel for the parties.

(2.) . The facts giving rise to these petitions would be stated in detail later on, but broadly stated, it is the case of the petitioners in most of these petitions that the term of their office as Chairman was fixed for two/three years as the case may be. Reference is also made to the relevant statutory provisions under which the concerned Boards/Corporations have been established providing for the term of office and reference is also made to the orders of appointment stipulating the term of two/three years, as the case may be. In case of Chairmen of Government Companies, the matters are governed by the Memorandum and Articles of Association of the respective companies which do not provide for fixed tenure, but reliance is placed on the orders of appointment appointing the petitioners for a fixed period of three years. There are a few cases being Special Civil Application Nos. 1722, 1724 and 1727 of 1998 where no tenure was fixed in the order of appointment. All the petitions being disposed of by this judgment are broadly classified into the following categories :- GROUP A : Petitions where the offices involved are statutory offices where the relevant statute has provided for a term of office and such term is also provided for either in the initial appointment order or subsequent order issued by the Government : <IMG>JUDGEMENT_2189_GLR3_1999Image1.jpg</IMG> <IMG>JUDGEMENT_2189_GLR3_1999Image2.jpg</IMG> <IMG>JUDGEMENT_2189_GLR3_1999Image3.jpg</IMG>

(3.) . The following petitions were argued as representative petitions :