BANDHU TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has challenged the Notification, as contained in Memo No. 114 dated 5th May, 2001, whereby and whereunder the 4th Respondent, Bachcha Singh, Minister of State (Independent Charge), Urban Development Department, Govt. of Jharkhand, Ranchi has been appointed as Chairman, Ranchi Regional Development Authority (RRDA), by the Excellency Governor of Jharkhand, under sub -section 3(a) of Section 3 of Jharkhand Regional Development Authority Act, 1981.

(2.) ACCORDING to the petitioner, he was appointed as chairman RRDA by the order of H.E. Governor of Bihar, vide Notification No. 758 dated 6th September, 2000 read with the amendment made, vide Notification No. 815 dated 23rd October, 2000. The petitioner since his joining given on 7th September, 2000, is functioning as Chairman, RRDA. He has challenged the impugned Notification dated 5th May, 2001 on the ground that the Respondents cannot appoint any person as Chairman of RRDA without his removal.

(3.) ADMITTEDLY , on re -organisation of State in pursuance of Bihar Reorganisation Act, 2001, the State of Jharkhand has been created since 15th November. 2000. It appears that the said State of Jharkhand, vide its Notification No. 2/9B/103/2000, Ranchi dated 13th January, 2001, adopted the Bihar Regional Development Authority Act, 1981. Therein, the power vested in the Governor of Jharkhand to appoint a person as Chairman of RRDA under Section 3 of the said Act.