- (1.) Heard learned counsel for the parties. In both the writ petitions the common impugned notification dated 16.2.2013 issued by the Deputy Secretary, Department of Sports, Art, Culture and Youth Affairs, Government of Jharkhand are under challenge whereby the services of the petitioners have been terminated with immediate effect in exercise of powers under Rule 4(vi) of the Jharkhand State Youth Commission Rules, 2012 (hereinafter referred to as Rules of 2012). Therefore, these two writ petitions are being heard together and decided by this common judgment.
(2.) The facts of the instant cases are in a very narrow compass. The petitioners were appointed as Chairman and members of Jharkhand Youth Commission by the notification contained in memo No. 21 dated 8.1.2013 issued under the signature of Deputy Secretary of the same department, Government of Jharkhand under the orders of his Excellency Governor of Jharkhand in exercise of powers under Rule 3 of the aforesaid Rules of 2012. Petitioner No. 1 in W.P.C. No. 1181 of 2013 was nominated as chairman and petitioner No. 2 W.P.C. No. 1181 of 2013 and sole petitioner in W.P.C. No. 1280 of 2013 were nominated as members of the said Commission. Under the said notification the term of the commission was fixed for 3 years or attaining the age of 40 years, which ever is earlier to be reckoned from the date of joining of the incumbents. The Commission was conferred with powers to make recommendations as required under the relevant provisions of the Rules of 2012 to the State Government and also exercise such other function as contemplated under Rule 6 and 7 thereof. According to the petitioner No. 1 in W.P.C. No. 1181 of 2013, he possesses the requisite qualification for being appointed as Chairman/member of the Commission as he has wide experience in the field of youth education and also possess a Master Degree in Business Administration. The other two petitioners also claim to fulfill the necessary eligibility criteria as per the Rules of 2012 and are below the age of 40 years. The sole petitioner in W.P.C. No. 1280 of 2013 also claims to be actively associated with youth activities and all these petitioners submitted their application for appointment as members and Chairman of the Youth Commission for consideration of their candidature. By a conscious decision of the State Government they were appointed as Chairman and Member of the said Commission vide the notification dated 8.2.2013 with prescribed tenure of 3 years or attaining the age of 40 years, which ever gets completed earlier to be reckoned from the date of their joining. Petitioner No. 1 of W.P.C. 1181 of 2013 joined on 9.1.2013 and petitioner No. 2 joined on 10.1.2013. The sole petitioner in W.P.C. No. 1280 of 2013 joined on 8.1.2013 in the said Commission. It is further stated on behalf of the petitioners that by the common impugned notification these petitioners have been removed from their posts without any show cause or notice in an arbitrary manner invoking Rule 4(vi) of Rules of 2012 with immediate effect stipulating payment of 1 month salary in lieu thereof.
(3.) The common grounds for assailing the impugned notification on behalf of the petitioners essentially are that the Jharkhand State Youth Commission Rules, 2012 have been framed in exercise of powers conferred under proviso to Article 309 of the Constitution of India by his Excellency, the Governor of Jharkhand. As per Rule 3, the Commission has tenure of 3 years. As per Rule 4(i) and (ii), each member shall have a tenure of 3 years and maximum age for being appointed as Chairman or Member of the Commission would be 40 years. Rule 4(v) prescribes the condition which entails disqualification for removal from the post of Chairman or Member of the said Commission. Proviso to the aforesaid rule stipulates opportunity of hearing before any such action is taken. Rule 4(vi) provides for removal of the Chairman/Member of the Commission by giving them 1 month notice or salary in lieu thereof.;