TILESHWAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WE have heard Mr. Anil Kumar, learned Counsel for the appellant and Mr. Sumeet Gadodia, learned JC to AG.

(2.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 6.11.2007 passed in WP (C) No. 1578 of 2007 whereby the writ petition filed by the petitioner -appellant for quashing the notification dated 16.3.2007, removing him from the post of Chairman, Jharkhand State Pollution Control Board, has been dismissed.

(3.) THE main thrust of the petitioners appellant before the learned single Judge was that he was not given personal hearing after filing of the show -cause which amounted to violation of principles of natural justice. Learned single Judge after considering the entire facts of the case and relevant provisions of the Act came to the conclusion that show -cause notice was given to the petitioner -appellant stating his involvement in the criminal cases which affected the functioning of the Board. It was also mentioned that as he was taken into custody because of the criminal cases, the image of the Board has been seriously tarnished. The learned single Judge took the view that the provision does not specifically provide for an opportunity of oral hearing, the said opportunity cannot be sought as a matter of right in addition to right of representation.