(1.) THIS writ petition is directed against the order of the Governor of Punjab passed on 25th April, 1969, whereby the State Government, in exercise of the powers conferred on it under sub-clause (iv) of Clause (e) of sub-section (1) of S. 10 of the Electricity (Supply) Act, 1948 (hereinafter referred to as the Act) removed the petitioner from the office of whole-time Member of the Punjab State Electricity Board, hereinafter called the Board.
(2.) THE petitioner was appointed on 29th April, 1967, a s a whole-time (non-official) Member of the Board under sub-section (2) of S. 5 of the Act, for a period of five years with effect from 1st May, 1967. The appointment was notified in the Punjab Government Extraordinary Gazette, the relevant extract where from is appended as Annexure 'a' with the writ petition. The terms and conditions of his appointment are not indicated in the order but are to be found in the Punjab State Electricity Board Rules, 1959, (hereinafter called the Rules) published in the Punjab Government Gazette of June 21, 1963. The petitioner as a member of the Board was to get gross monthly emoluments of Rs. 1200/ -. We are informed that this amount has been raised by an amendment in the said Rules to Rs. 1800/- per month. As provided in Rule 6, it is open to the Chairman or a member to resign his office by giving three months' notice in writing to the Government though such a condition can be waived.
(3.) WHEN the appointment of the petitioner was made by the State Government, respondent 2 was the Chief Minister in Punjab and late Shri Lachhman Singh Gill was Minister Incharge of the Irrigation and Power Departments who processed the file relating to the appointment. Respondent NO. 2 resigned on 22nd November, 1967, and Shri Lachhman Singh took oath of office as the Chief Minister on 25th of the same month. The latter too resigned on 23rd August, 1968, and in the wake of his resignation there came President's rule in the State followed by mid-term elections to the State Legislative Assembly. The results of the elections were announced somewhere on 9/10th February, 1969 and Shri Gurnam Singh respondent 2 again headed the Punjab Cabinet on 16th February, 1969. It may be stated that respondent 2 was the leader of the Akali party in the Legislative Assembly and Shri Lachhman Sing was also a member of the same party till the fall of the former's ministry on 22nd November, 1967. Shri Lachhman Singh had defected and organised Janta Party before he assumed office of the Chief Minister on 25th November, 1967. All this information , as supplied in the course of arguments, has been taken by the common consent of the learned counsel for the parties as correct though no reference thereto is to be found either to the writ petition or in any other document on the record. During President's rule some complaints seem to have been made against the alleged acts of corruption and nepotism of Shri Lachhman Singh during his term of office as Chief Minister from 25th November, 1967 to 23rd August, 1968, and a memorandum in this regard was submitted by the leaders of the Akali party, including respondent 2, to the President of India. These charges were inquired into by Shri Naronha, one of the Advisers to the Governor, Punjab, who was administering the State on behalf of the President.