CHANDRA BHUSHAN KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2015-1-31
HIGH COURT OF JHARKHAND
Decided on January 12,2015

Chandra Bhushan Kumar Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

APARESH KUMAR SINGH, J. - (1.) WHETHER termination of petitioner's tenure as Chairman, Jharkhand State Youth Commission by the impugned notification no. 97 dated 20.11.2013 (Annexure -14), is proper in the eye of law or not, is the question which needs to be answered in the present writ application where initially, petitioner had challenged the show -cause notice issued under Rule 4(vi) of the Jharkhand State Youth Commission Rules, 2012 (Annexure -13) (hereinafter referred to as 'Rules').
(2.) THE present issue in controversy has a background of litigation. In fact, this is the third round of litigation in respect of the petitioner's appointment and if the contempt proceedings are added, this would be the fourth one.
(3.) IN order to answer the aforesaid question, the necessary facts and issues involved are being dealt with hereunder. Petitioner's appointment as a Chairman, Jharkhand State Youth Commission by the notification bearing memo no. 21 dated 08.01.2013 (Annexure -2), issued by the Department of Art, Culture, Sport and Youth Affairs, Government of Jharkhand was terminated by a notification dated 16.02.2013 invoking powers under Rule 4(vi) of the Rules. The writ petition challenging the said termination by the petitioner being WPC No. 1181/2013 was allowed in his favour by the judgment dated 28.06.2013 passed by this Court on the specific grounds that it was arbitrary and violative of principles of natural justice. It was also found as not supported by any reason and could not be upheld on the doctrine of pleasure invoked by the respondents. This Court while allowing the writ petition, had categorically observed that the respondents had failed to bring on record any foundational facts or reasons for exercising such powers.;


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