RAM NARESH TRIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who is the Chairman, Bihar School Examination Board (hereinafter referred to as the 'Board') seeks quashing of an order dated 20-11-1990 issued by respondent No. 2 (Annexure-2), by which the petitioner has been removed from the post on the ground that the petitioner had been functioning in a manner which had prejudicially affected the interest of the Board and was against public interest.

(2.) The petitioner was appointed under Section 4 of the Bihar School Examination Board Act, 1952 (Bihar Act 7 of 1952) for a term of office for three years. He joined the post on 4-1-1989, but the notification of appointment was published in the official Gazette on 29-3-1989. He claims to have been functioning quite efficiently and satisfactorily. The removal of a Chairman is as postulated under Section 4-A of the Act. It is said that there has been a complete violation of the proviso to Section 4-A (3) since the petitioner has been removed from the post of Chairman of the Board without any notification in the official Gazette as also by not giving him reasonable opportunity to show cause why he should not be removed.

(3.) The petitioner has also alleged mala fide against the acting and dealing of one Sri Rajesh Ranjan, a member of the Bihar Legislatives Assembly, who had threatened him for his administrative lapses and had also abused him and surrounded the Board office with his gun-men, This matter was also published in the daily newspaper on 20-11-1990, including the Nav Bharat Times. It is further alleged that Sri Rajesh Ranjan is very close to the Chief Minister and the order of his removal was politically motivated and has been passed in haste and is vitiated by mala fide. The only folly of the petitioner is that he did not allow himself to be pressurised by the aforesaid member of the Bihar Legislative Assembly.