S S DAUSAGE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) THE petitioner was appointed as Shift Engineer on 24-1-1951 by the government of the former State of Madhya Pradesh. On the Constitution of the Madhya Pradesh Electricity Board (hereinafter referred to as 'the Board')on 1-4-1952, the petitioner was in the employment of the Board and he worked in various capacities. He qualified himself as a Power Plant Engineer having obtained Master's degree from the Columbia University, U. S. A. where he was sent on Overseas Scholarship by the former State of Madhya Pradesh. On 1-2-1972 the petitioner was appointed by the State Government as a Member of the Board, under section 5 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Act' ). Immediately before his appointment the petitioner was working as the Chief Engineer of the Board. Initially the petitioner was placed in charge of the River Valley Project of the Board. On 9-5 1973, he was re-designated as Member-in-Charge of Generation (Thermal and Hydel) and extra High Tension Transmission (440 KV and above), vide Annexure B. On 29-9-1975 the State Government terminated the appointment of the petitioner as member of the Board by order of that date vide Annexure C. The contention of the petitioner is that the aforesaid order is illegal being in contravention of the provisions of section 10 of the Act. He has, therefore, filed this petition praying that the order dated 29-5-1975 (Annexure C) be quashed and it be declared that he still continues to be a Member of the Board.

(3.) THE main point for consideration in this case is whether the impugned order contravenes the provisions of section 10 of the Act which reads as under: