TILESHWAR SAHU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the notification contained in Memo No. 1437 dated 16.3.07 (Annexure -11) issued by the respondent No. 3 whereby the petitioner has been sought to be removed from the post of the Chairman, Jharkhand State Pollution Control Board (hereinafter referred to as the Board) with immediate effect.

(2.) THE grievance of the petitioner is that he has been removed from the post of the Chairman, Jharkhand State Pollution Control Board before expiry of the term of his post contrary to the legal provisions. The said order is also violative of the principles of natural justice as he was not given proper opportunity of hearing before issuing the impugned order.

(3.) IT has been further stated that the petitioner was earlier sought to be removed from the post of the Chairman of the Board by Memo No. 5299 dated 3.11.06 illegally and arbitrarily. The said order was challenged before this Court in W.P.(C) Mo. 6370/06. By order dated 5.1.07, this Court allowed the said writ petition and the impugned order dated 3.11.06 was quashed by this Court, It was, inter alia, observed that once a Member of the Board is appointed by the State Government, it has no authority to remove him without giving him a reasonable opportunity of hearing or giving a notice to show cause, before completion of the tenure of three years. In the said decision it was also, inter alia, observed that the petitioner does not suffer disqualification under Clause (c) and (d) of Section 6 of the Water (Prevention and Control of Pollution) Act, 1974. But in spite of the same, the petitioner has been sought to be removed from the post of the Chairman illegally and improperly making a vague allegation that continuation of the petitioner as the Chairman of the Board is contrary to the public interest as several criminal cases are pending against him.