SARDAR DEO NANDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the writ applications common questions of law and facts arise and as such they are being disposed of together.

(2.) DR . Sardar Deo Nandan Singh (Petitioner in CWJC No. 31 of 2003) was appointed as the Member of the Bihar State University (Constituent Colleges) Service Commission by notification dated 2nd of January, 1998 in exercise of the power conferred under section 3 of the Bihar State University (Constituent Colleges) Service Commission Act, 1987 (hereinafter referred to as the Act) for a period of six years from the date of assuming the office or till the age of 62 years whichever is earlier. In pursuance of the said notification petitioner assumed the office of the Member of the Commission on 2nd of January, 1998. Similarly Durga Prasad alias D. Prasad (Petitioner in CWJC No. 235 of 2003) was appointed as the Member of the Commission by notification dated 8th of March, 1999 for a period of six years or till the petitioner attains the age of 62 years, whichever is earlier. In pursuance of the said notification this petitioner assumed the office of the member of the Commission on 9.3.99.

(3.) WHILE petitioner Dr. Sardar Deo Nandan Singh was working as the Member of the Commission, a show cause notice was issued to him as to why he be not removed from the office of the Member. Petitioner submitted his reply and the Governor in purported exercise of his power under section 4(1)(c) of the Act being satisfied that he had committed acts of omission and commission including misconduct, insubordination and is unfit to continue as Member of the Commission, removed him from his office with immediate effect. Similarly a show cause notice was issued to the petitioner Durga Prasad alias D. Prasad dated 3.12.2002 in purported compliance of the provisions of section 4 of the Act calling upon him to submit his show cause. This petitioner submitted his show cause and on consideration of the same, the Governor in exercise of its power conferred under section 4(1)(c) of the Act removed this petitioner from office as a Member of the Commission. The term of office of this petitioner was to come to an end a day later.