RAMBHAI N. PATEL Vs. KESAR SINGH BAIDWAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the notification, dated July 24, 1992 revoking appointment of the petitioner made by the 1st Respondent.

(2.) THE 1st Respondent (Administrator) in exercise of his powers under' Section 17 of the Daman and Diu (Administration) -Regulation, 1987, vide notification, dated 8th November, 1991 appointed the petitioner as Counsellor of the new Pradesh Committee of Union Territory of Daman and Diu with immediate effect. Vide Note, dated 9th July, 1992, swearing -in was also to be held on 31st July, 1992. However, the Administrator on 24th July, 1992 (see Ex. C) revoked the order of appointment of the petitioner. It is this notification which is the subject -matter of challenge in this petition.

(3.) MR . Thacker urged that the impugned notification clearly exhibits arbitrary and capricious exercise of the powers conferred on the Administrator. He urged that the impugned notification casts a stigma on the petitioner without giving any reasonable opportunity of being heard. He also urged that Section 17 is violative of Article 14 of the Constitution of India.