- (1.) The petitioner by way of the present petition under Articles 226 and 227 of the Constitution of India seeks quashing of the impugned notification dated 03.08.2007 (Annexure P-6) whereby he has been removed from the post of Vice-Chairman, Punjab School Education Board ("Board" - for short) (respondent No. 2) and for quashing the order dated 03.08.2007 (Annexure P-7) whereby he has been relived from the services of the Board. A further prayer has been made for directing the respondents to re-instate the petitioner as Vice-Chairman of the Board.
(2.) The petitioner states that he was working as Senior Professor and Dean Languages at Guru Nanak Dev University, Amritsar. He is an eminent scholar and has earned niche for himself being a hardworking educationist. Besides, his career is blotless throughout. The State Government appointed him Vice- Chairman of the Board till 30.05.2009 vide notification dated 29.12.2006 (Annexure P-1). In continuation of the appointment notification, the terms and conditions of service of the petitioner were circulated vide Annexure P2. The petitioner joined as Vice-Chairman of the Board vide joining report dated 2.1.2007 (Annexure P-3). All of a sudden, a show cause notice was issued to him vide memo dated 31.05.2007 (Annexure P-4). It was inter alia alleged therein that the Election Code of Conduct for conducting elections had been implemented or in other words had come into effect on 29.12.2006, that is, the same date when the petitioner was appointed as Vice-Chairman of the Board. However, the petitioner it is alleged submitted his joining report on 02.1.2007 as Vice-Chairman of the Board. This was in clear violation of the Election Code of Conduct. It was alleged that in terms of the Election Code of Conduct, if an order of appointment or transfer had not been implemented then the same can be implemented only after taking fresh approval from the newly formed Government and after completion of the election process. Therefore, the petitioner it is alleged had violated the Election Code of Conduct. Accordingly, he was asked to file his reply within 15 days so as to clarify his position to the Government. The petitioner submitted his reply (Annexure P-5) to the show cause notice. It is submitted that the petitioner was serving as Professor and Dean, School of Punjabi Studies, Guru Nanak Dev University, Amritsar. He informed the Vice- Chancellor, Guru Nanak Dev University, Amritsar that he has been appointed as Vice-Chairman of the Board. A request was made on 29.12.2006 on telephone for relieving him from the post occupied by him. However, on advice, the petitioner contacted the Registrar of Guru Nanak Dev University, Amritsar. The petitioner accordingly asked the Registrar to relieve him on 30.12.2006, however, the same was a Saturday and a holiday. The next day i.e. 31.12.2006 was a Sunday and 01.01.2007 being New Year's day was again a holiday. The Guru Nanak Dev University, Amritsar relieved the petitioner on 2.1.2007 (Forenoon) and he joined the Board as Vice-Chairman on 02.1.2007 (Afternoon). The State Government has vide impugned notification dated 03.08.2007 (Annexure P-6) removed the petitioner from the post of Vice- Chairman of the Board and on the same day i.e. 03.08.2007 relieved him from the services of the Board. The said orders removing the petitioner from the services of the Board and relieving him, as already noticed, are assailed in this petition.
(3.) Notice of motion was issued to the respondents who have filed their separate replies. It is stated by respondent No. 1 that the terms and conditions of service (Annexure P-2) were never circulated by the State Government (respondent No. 1). The issuing of show cause notice and passing of the impugned orders are admitted. It is submitted that the petitioner had motivated his appointment/joining during the period when the Election Code of Conduct was in force. As such, no appointment could be made. His joining on the post of Vice-Chairman of the Board was in violation of the Election Code of Conduct. It is submitted that the action of the petitioner is a grave mis- conduct on his part which attracts the provisions of Section 10(A) of the Punjab School Education Board Act, 1969 ("Act" - for short). Besides, in order to comply with the principles of natural justice, a show cause notice was issued.;