LAWS(PAT)-1986-12-1

R P RAJA Vs. STATE

Decided On December 23, 1986
R.P.RAJA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By this writ application the petitioner has challenged the validity of the Notification of the Government of Bihar dt/- 13-6-1985 contained in Annexure-2, by which the Government of Bihar, in exercise of the power under Sub-Sec. (7) of S.3 of the Bihar Regional Development Act, 1981, removed the petitioner from the post of the Chairman on the purported ground of pleasure of the State of Bihar.

(2.) The Bihar Regional Development Authority Second Ordinance, 1976, was published in the Gazette in May, 1976 by which the various Regional Development Authorities were constituted and established in the State of Bihar. The Ranchi Regional Development Authority came into existence in accordance with the said Ordinance in 1976. It was later replaced by the Bihar Regional Development Authority Act, 1951 (Bihar Act 40 of 1982). The Act came into force with effect from 25-1-1982. Sub-Sec. (2) of S.2 of the Act defines 'Authority' means Regional Development Authority constituted under S.3 of the Act. Section 3(1) deals with the constitution of a Regional Development Authority bearing the name of that region and Sub-Sec. (2) says that the authority shall be a body corporate by the aforesaid name. It shall have perpetual succession and a common seal with power to enter into contract and to acquire, hold and dispose of property bath moveable and immoveable and shall by the said name sue and be sued. Sub-Section (3) of S.3 reads as follows :

(3.) In exercise of the said power under Sub-Sec. (3) of S.3 of the Act, by the order of the Governor of Bihar, a Notification was issued an 12th March, 1985 by which the petitioner was nominated as the Chairman of the Ranchi Regional Development Authority for the period of three years from the date of the publication of the notification. In accordance with the same, the petitioner took charge of the post immediately thereafter the Chairman of the Authority and continuing and discharging the duties of the Chairman under the Act.