JATHEDAR JAGDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the principle of audi alteram partem is attracted in the event of the suspension of the State Agricultural Marketing Board by the State Government under S. 3(8) of the Punjab State Agricultural Produce Markets Act, 1961, has come to be the spinal issue in this appeal under Clause 'X' of the letters Patent.

(2.) In exercise of the powers under Section 3(1) of the Punjab State Agrl. Produce Markets Act, 1961 (hereinafter referred to as 'the Act') the State Government constituted the Punjab Agricultural Marketing Board (hereinafter referred to as 'the Board'), consisting of the six appellants, that is, appellant No. 1, Jathedar Jagdev Singh Khudian as the Chairman and the other five as non-official members thereof, besides six official members, through a notification dated May 12th, 1978. However, on March 18, 1980 this Board was suspended by the State Government in exercise of its powers under Section 3 (8) of the Act by a notification in the following terms:-

(3.) The present appellants preferred a writ petition impugning the aforesaid suspension primarily on the ground that no show cause notice whatsoever was given to the Board itself or to the petitioners individually before passing the order of suspension. This was alleged to be in flagrant violation of the well known principles of natural justice or the rule of audi alteram partem. Further it was the stand of the petitioner-appellants that there was not material with the State Government at the time of the passing of the impugned order for reaching any objective satisfaction about the non-functioning of the Board.