AMBIKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this batch of writ petitions the petitioners have challenge their removal from the office of Chairman/Vice Chairman/Member of Various Authorities/Corporations/Boards which have been constituted under various Acts, or have been incorporated under the provisions of the Companies Act. Different statutory provisions fall for consideration in this batch of writ petitions, and I shall, therefore, deal with the cases separately so that the relevant statutory provisions are not missed. Broadly speaking, the cases can be classified under two heads, firstly those which relate to Authorities or Boards constituted under a Statute, and secondly those which have been incorporated under the Companies Act and are really Government Companies, by whatever name called.

(2.) I shall first take up the three writ petitions wherein the removal of the Chairman of three Regional Development Authorities is challenged. Under the Bihar Regional Development Authority Act, 1981, the State Government has been empowered to constitute an authority to be called as Regional Development Authority bearing the name of that region.

(3.) C.W.J.C. No. 3338/90 has been filed by Shri Baijnath Jha, who claims to be a social worker actively associated with the development work and had been nominated as the Chairman of the Darbhanga Industrial Development Authority from the year 1980 to 1984, According to the petitioner he was appointed Chairman of the Darbhanga Regional Development Authority by Notification dated 20th December, 1989 (Annexure 1). The petitioner was given the same pay and allowances, including house allowance as are permissible to State Ministers. Despite the fact that there was nothing against the functioning of the petitioner as Chairman of the Authority, it appears that the Chief Minister, respondent No. 4, desired that all non-official Chairmen and Vice-Chairmen of the several Boards or Corporations under the Bureau of Public Enterprises should be removed and instead the Departmental Secretaries may take over charge as Chairmen. This desire of the Chief Minister was communicated through his Principal Secretary to the Chairman Bureau of Public Enterprises on 11-4-1990. On the same day the Chairman of the Bureau of Public Enterprises put up a note to the Chief Secretary that all non-official Chairman and Vice-Chairman may be removed with immediate effect and the concerned Secretaries of the department may take over charge after approval of the Chief Minister was obtained. The concerned departments may obtain in the various files the orders of the Ministers concerned as also the formal orders of the Chief Minister. The proposal was placed before the Chief Secretary who directed that the concerned departments may proceed in the matter by showing the order of the Chief Minister and obtaining the orders of the concerned Minister, and that it was not necessary to trouble the Chief Minister in each case. The proposal was approved by the Chief Minister, Annexure 2 contains the notings in the file upon which the petitioner has relied in support of the aforesaid facts. It is contended by the petitioner that such action was arbitrary and without jurisdiction as it became evident that all Chairmen of the Boards/Authorities who belonged to the Congress-I Party were to be removed so as to accommodate members of the Janta Dal Party. The order was, therefore, mala fide and a colourable exercise of power. The action contemplated did not provide for observance of the principles of natural justice. In these circumstances the petitioner filed the writ petition on 21-5-1990 impugning the circular Annexure 2 dated 21-4-1990.