LAWS(ALL)-1994-4-29

ANIL KUMAR SINGH YADAV Vs. UNION OF INDIA

Decided On April 19, 1994
ANIL KUMAR SINGH YADAV Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Interpretation of tenure where language used therein is clear and unambiguous prescribing maximum period of outer limit but not internal limit, is involved in this case.

(2.) Besides this, where the appointment is not governed by any statutory provision or guideline, but is made purely on personal or political considerations, the appointment itself being arbitrary, whether, can such appointee complain if the termination of such appointment is also equally arbitrary, and whether can such appointee raise objection to his exit when admittedly his entry itself is by back door, are the next question involved in this case ?

(3.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari quashing impugned office memorandum dated 2-3-1994 issued by the respondents contained in Annexure-8 to the writ petition, whereby tenure of Oil Selection Board for selection of dealers/distributors of petroleum products constituted by the respondents on 1-1-1993 vide Annexure-4 to the writ petition, has been terminated vide impugned Annexure-8 dated 2-3-1994, with the result tenure of the office of Chairman-Justice Shamsul Islam Jafri, a retired Judge of this Court and members Sri Ram Nihor Rajkesh and, present petitioner Sri Anil Kumar Singh Yadav has come to an end.