- (1.) In the present writ petition, the petitioner challenges the validity of the Notification dated January 13, 1993 issued by State Government, withdrawing its earlier Notification of September 15,1992, whereby he was appointed as Chairman of the Rajasthan Khadi & Village Industries Board (for short, 'the Board'). The principle question for consideration in the petition may be formulated :- (i) Whether the Chairman of the Board could be removed from his office by the State Government at its pleasure without assigning any reason or following the principles of natural justice; and(ii) Whether there are any limitations or restrictions on the power of the appointing authority in removing the Chairman of the Board.
(2.) The facts of the case may be stated in brief :- The petitioner was. nominated as Chairman of the Board by the State Government vide Notification No. F. 29(26) Udyog/2/72, dated, September 15,1992 in exercise of powers under S. 4(a) of the Rajasthan Khadi & Village Industries Board Act, 1955 (hereinafter referred to as 'the Act'). After the promulgation of President's rule under Article 356 of the Constitution of India in the State of Rajasthan, the petitioner apprehended his removal. He, therefore, filed the writ petition on 21.12.1992 with a prayer to issue an order or direction or writ of appropriate nature, restraining the respondents from removing him from the post of Chairman without compliance of the provisions of the Act. The petition was listed on the same day before Hon'ble S.N. Bhargava, J., at his residence. After hearing the learned Advocate for the petitioner, Shri U.N. Bhandari, the learned Judge passed the following order :- "My attention has been drawn to Sections 4, 7 and 13 of the Rajasthan Khadi and Village Industries Act and also to Rule 3 of the Rules of 1965 made under the above mentioned Act, which provide that the term of a member shall be two years. My attention was also drawn to Annexure 1, Notification dated 15.9.1992 appointing Shri Manak Chand Surana petitioner as Chairman of the Board. Reliance has been placed on AIR 1958 SC 36,1975 RLW 552,1991(1) RLR 218 and AIR 1992 SC 1872. Admit. Issue notice. Shri Garg learned counsel for the petitioner is directed to serve non-petitioners with the copy of the petition. Put up on 4.1.1993 before the concerned bench and till then non-petitioners are prohibited from making any order dismissing petitioner in violation of the Act and the Rules. However, it will be open for the non-petitioners to take any action against the petitioner as envisaged in the Act and orders keeping in mind observation made in the above mentioned rulings."
(3.) The interim stay order was extended by this Court from time to time, but in the mean-time, the impugned order dated 13.1.1993 (Annexure 7) came to be issued by the State Government. The petitioner, thereafter, sought an amendment in the writ petition and challenged the above order/notification, removing him from the post of Chairman of the Board, on various grounds set out in the writ petition.;