AB AZIZ SHAH Vs. STATE

JUDGEMENT

(1.) PETITIONER through the medium of this petition is seeking relief of issuance of writ of Certorari for quashing order No. 2 -LAB of 1987 dated: 8th of January, 1987 issued by the respondent No. 3, Chairman, J&K State Legal Aid and Advisory Board, Srinagar.

(2.) THE petitioner was temporarily appointed as Under Secretary by the respondent No. 3, vide order No. 65. LAB of 1987 dated: 8 -8 -1985, pending approval of the J&K State Legal Aid and Advisory Board. The respondent under the impugned order No. 2 -LAB of 1987 dated: 8 -1 -1987 have terminated the service of the petitioner. The order of termination has been challenged on the ground that the services of the petitioner could not have been terminated as it was for the Board either to approve or disapprove the appointment of the petitioner. He has relied upon Rule (9) and (10) of the J&K State Legal Aid to the poor Rules, 1984 (herein after referred to as Rules) which deal with the appointment of the Officers and servants of the Board, for seeking support that there is no provision in the Rules for termination of the services. The impugned order has been termed as arbitrary, illegal and issued without any notice of show cause.

(3.) THE respondents have opposed the relief claimed by the petitioner by filling counter affidavit stating therein that the petitioner was appointed by the Chairman and not by the Board. The Board has not delegated any such power to the Chairman for appointment of the petitioner. Therefore, the appointment order of the petitioner is nullity being issued without jurisdiction therefore, does not confer any right upon the petitioner. It was obligatory for the Chairman to seek approval of the Board first and then to appoint the petitioner. Rules (9) and (10) of the Rules contemplate that the appointments of the officers and the servants of the Board cannot be made by the Chairman but only by the Board, which constitutes of the Chairman and the members of the Board. The servants of the Board are the Government servants and the provisions of Jammu and Kashmir Civil Service Regulations are applicable to them. The impugned order has not violated any right of the petitioner which stand implemented since 8th of January 1987 and the petitioner has also been relieved.