1987 (5) TMI 379 - SC - Indian Laws

Summary

Issues:
1. Appointment and curtailment of tenure of Chairman of the Haryana Board of School Education.
2. Validity of the curtailment of tenure.
3. Compliance with statutory provisions in the removal process.
4. Interpretation of "terms and conditions of service" in relation to tenure.

Analysis:

1. Appointment and Curtailment of Tenure:
The appellant was appointed as Chairman of the Haryana Board of School Education for a period of two years. However, his tenure was curtailed by the Government, leading to his immediate removal from the position. The appellant contested that the curtailment was unfair and mala fide, affecting his position detrimentally.

2. Validity of Curtailment:
The State justified the curtailment of the appellant's tenure under Section 4-A of the Haryana Board of School Education Act, enabling the Government to terminate the services of the Chairman at its pleasure. The Government made a general decision to dispense with the services of non-official Chairmen, including the appellant, citing public interest. The Court found that the termination was not punitive or mala fide but a result of a policy decision.

3. Compliance with Statutory Provisions:
The appellant argued that his removal did not comply with Section 9 of the Act, which mandates communication of reasons and an opportunity for explanation before removal. The Court clarified that Section 9 pertains to specific cases of removal not applicable to the general power of termination under Section 4-A, which governs cases like the appellant's.

4. Interpretation of "Terms and Conditions of Service":
A contention was raised regarding the interpretation of "terms and conditions of service" in relation to the curtailment of tenure. The appellant claimed that the word "term" did not encompass the period of service, thus challenging the Government's authority to curtail his tenure. However, the Court held that "terms of service" included the tenure of service, rejecting the appellant's plea.

In conclusion, despite acknowledging the appellant's grievances and the unfortunate circumstances, the Court upheld the curtailment of tenure based on the provisions of the Act. The appeal was dismissed, emphasizing the legal validity of the Government's decision, and no costs were awarded.