VIVEK KUMAR Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. Shailesh Kumar Singh, learned counsel appearing for the petitioner, Mr. H. K. Mehta, learned AAG for the respondents-State of Jharkhand and Mr. K.P. Deo, learned counsel appearing for the respondent No. 3.

(2.) In this application, the petitioner has prayed for a direction upon the respondent No. 2 to show cause as to under what circumstances he had issued the Notification No. 10/ Dental-06.01/2014-37/10 dated 05.02.2016 as contained in Annexure-4 by which the petitioner had been removed from post of member of the Dental Council of India representing the State of Jharkhand in exercise of power conferred under section 3(e) r/w 6(1) of the Dentist Act, 1948 without giving an opportunity of hearing to the petitioner. A further prayer has been made to quash the Notification No. 10/ Dental-06.01/2014- 37/10 dated 05.02.2016 and the petitioner be allowed to be continue as a member of the Dental Council of India till expiry of his statutory term pursuant to the notification dated 20.08.2014.

(3.) Mr. Shailesh Kumar Singh, learned counsel for the petitioner has stated that the impugned order dated 05.02.2016 is violative of principles of natural justice is neither the petitioner was issued show cause nor the petitioner was given an opportunity of hearing. Learned counsel submits that Section 3 and Section 6 of the Dentist Act, 1948 deal with the termination of nominated member and the manner in which a casual vacancy is to be filed up. It has been stated that the appointment/ nomination to the post of member of a Dental Council of India is for a term of five years. Learned counsel further submits that a case of nomination can never be in violation of the principles of natural justice. In support of his contention, learned counsel has referred to the case of Anil Kohli v. Union of India reported in, 1994 AIR(Del) 279.