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TMI Blog1971 (11) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... d to as the Act). 2. We shall first take up the case of the respondent Shri Baktawar Singh. He was appointed as a member of the Punjab State Electricity Board, Patiala by the Punjab Government on April 29, 1967 for a period of five years under Section 5 of the Act. After giving him a show cause notice and obtaining his reply thereto the Punjab Government removed him from the membership of the Electricity Board on April 25, 1969 in purported exercise of its powers under Section 10(1)(e)(iv) of the Act. He challenged the validity of the order removing him from office by means of a writ petition under Article 225 of the Constitution before the High Court of Punjab and Haryana on various grounds. The High Court of Punjab and Haryana has acce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Shri Gurnam Singh and Shri Lachhman Singh Gill as a result of which Shri Gurnam Singh's Ministry fell and a new Ministry was formed by Shri Lachhman Singh Gill. That ministry also fell at a later stage and the same was followed up by President's rule. Thereafter there was a fresh election and after the election, Shri Gurnam Singh formed a fresh ministry. Shri Baktawar Singh and Shri Rajinder Pal Abrol were removed from their membership when the ministry of Shri Gurnam Singh was in office after the elections. It is seen from the material on record that Shri Baktawar Singh as well as Shri Rajinder Pal Abrol were friends of Shri Lachhman Singh Gill. 6. Various grounds were taken by Shri Baktawar Singh and Shri Rajinder Pal Abrol i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e requires that the person complained of should be informed of the charges against him and that he should be given a reasonable opportunity consistent with the charges leveled against him to rebut those charges. We have not thought it necessary in this case to go into the question whether a formal enquiry was necessary while taking action under that provision. 8. In the case of Shri Baktawar Singh, the main allegations against him as that he was trying to win over support from among the M.L. As for the Janta Party of which Shri Lachhman Singh Gill was the leader. There were other minor charges also. He denied those charges, and he wanted an opportunity to cross-examine his accusers. But that opportunity was not made available; to him-Ult ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and (2) that he did not discharge his duties impartially. 10. It may be noted that Shri Bakhtawar singh was not charged with having not discharged his duties impartially. None of the charges leveled against him accused him of not discharging his duties impartially. Hence the Minister was not justified in taking into consideration a charge in respect of which the member was not given opportunity to explain his position. Further the finding of the Minister that Shri Bakhtawar Singh was taking part in politics is a vague finding. Politics is a word of wide import. By merely saying that he was taking part in politics nothing concrete is conveyed or established. In view of this conclusion of ours, it is not necessary to go into the other grou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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