GURNEK SINGH BRAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who describes himself as a retired Superintending Engineer of the Punjab State Electricity Board, challenges the appointment of the 3rd respondent as legally impermissible and would characterize the position that the 3rd respondent holds as Chairman-cum- Managing Director of the Punjab State Corporation as without authority. He, therefore, seeks for a writ of quo warranto declare the 3rd respondent as usurper of public office and for quashing of the notification issued on 7.2.2014 (Annexure P/7) by the Government of Punjab, Department of Power that has modified the age of superannuation as 65. The order extending the term of appointment of the 3rd respondent from 9.2.2014, the date when he was due for retirement, upto 8.2.2015 is also sought to be quashed as a consequence thereof.

(2.) The petition was brought on the averments that a notification issued by the Government of Punjab on 16.4.2010 stipulated the qualifications and the experience of CMDs and Directors, except for those to be nominated by the State Government, and the selection process shall be as per the enclosed annexure. The annexure set down the qualifications and the experience for the post of Chairman & Managing Directors (CMDs) and the Directors for POWERCOM as under:-

(3.) We have set forth all the relevant provisions to immediately embark on the objections taken by the petitioner and the tenability or otherwise of such objections to assess whether the 3rd respondent's appointment was erroneous and his continuation constitutes any serious impropriety since the quo warranto itself stems from the assumption that he is the holder of the public office. The preliminary objection taken by the learned Senior Counsel appearing for the 2nd respondent, before the arguments got underway, was that the post of Chairman-cum-Managing Director was not a public office and that the writ petition itself was not maintainable.