S.S. VIRDI Vs. CHANDIGARH ADMINISTRATION AND ORS.

JUDGEMENT

(1.) THE Petitioner has, by means of this writ petition, sought a writ of certiorari and mandamus for quashing the order dated 16th August, 1990, Annexure P5 passed by the Administrator, Union Territory, Chandigarh Administration after declaring the same to be illegal and ultra vires of the Haryana Housing Board Act, 1971 as extended to the Union Territory, Chandigarh (shortly the Act) with a direction to the Respondent -authorities to put him back as Chairman of the Chandigarh Housing Board (the 'Board' in brief).

(2.) THE Petitioner was in the rank of Superintending Engineer, P.W.D., B & R, Punjab and was working as Chief Engineer, Punjab Housing and Development Board when he was sent on deputation to the Respondent -Administration where he was appointed as Chief Engineer and Secretary, Engineering Department. "Vide notification dated. 3rd May, 1990, Annexure P2, the Petitioner was appointed as Chairman of the Board which was constituted under Section 3 of the Act. Vide the same notification, seven other members of. the Board were also appointed. It was specifically stated that the Members would hold office for a period of three years from the date of the notification. The Petitioner took over the charge on 3rd May, 1990. Vide order, Annexure P4 dated 5th June, 1990, it was ordered that the Petitioner would continue to hold the additional charge of the post of Chief Engineer and Secretary, Engineering Department of the Respondent -Administration till further orders. On 16th August, 1990, - -vide Annexure P5, the notification Annexure P2 was partially, modified and Smt. Tejinder Kaur, IAS, Finance Secretary was appointed as Chairperson of the Board in addition to her own duties as Finance Secretary in place of the Petitioner who was shown to have been transferred as Chief Engineer of the Union Territory, Chandigarh. On the same day, order dated 16th August, 1990, Annexure P5, was pasted and the Petitioner was shown to have been transferred as Chief Engineer, Union Territory, Chandigarh. The Petitioner impugns these; orders on the ground that under the provisions of the Act and also under orders Annexure P2, his period of appointment was for three years. The order withdrawing the notification is in violation of Section 7 of the Act. It was passed without any notice to him and was an arbitrary act of the Respondent -authorities who had no power to transfer him from a tenure post of the Chairman of the Board to the post of Chief Engineer under the Respondent -Administration. The arrangement of appointing Smt. Tejinder Kaur as the Chairperson was with ah oblique motive and was mala fide. The same was neither in the interest of the public nor was it permitted by law. The Petitioner had represented to the Administrator that there was no statutory power with the Respondent -authorities to curtail the period of his appointment.

(3.) UNDISPUTEDLY , the Act had been extended to the Union Territory, Chandigarh. Annexure P 1 is the extract from the Chandigarh Administration Gazette dated 1st March, 1975. Section 6 of the Act enumerates the terms and conditions of the Members which are as follows: