SISIR KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by a person who had been appointed as a clerk on 30-1-62 under the Orissa Khadi and Village industries Board. Under Orissa Act 3 of 1956 (the Orissa Khadi and Village industries Board Act, 1956) (hereinafter referred to as the Act) with effect from 15-6-56 the Orissa Khadi and Village Industries Board was constituted. It was dissolved on 12-3-68, and on the following day the Director of Industries was put in charge of the affairs of the said Board. The petitioner's service was terminated by a notice dated 1-5-68 with effect from 15-6-68. The petitioner challenges his termination of service and along with it questions the action of the State government in dissolving the Board.

(2.) BEFORE discussing the points raised by Mr. Mohanty for the petitioner, it is necessary to make some reference to the provisions of the Act in order to appreciate his contentions. The relevant sections, with which the disposal of this writ application is concerned, are Sections 3. 4 end 15. For convenience the said sections are extracted:-

(3.) ON an analysts of Sections 3 and 4 it would be clear that Section 3 concerns itself with the incorporation of the Board and once the Board is incorporated the law of Corporation seems to have been applied and perpetual succession and common seal are provided for. Section 4 concerns itself with the constitution of a particular Board and provides that 15 members, both official and non-official, including the President and the Secretary all of whom are to be nominated bv the state Government will constitute the Board. There is clearly distinction between incorporation of the Board and its constitution. The proviso to Section 4 (2)provides the machinery for dissolving the Board, and it is stated that once the state Government on being satisfied that the Board does not function properly or is incompetent to discharge its functions lays a proposal before the Orissa legislative Assembly and the said proposal is accepted by a resolution of that assembly, the Board stands dissolved. Mr. Mohanty's contentions with reference to these two sections are as follows:--