9911796707
TMI Blog1987 (5) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... details the necessary facts, in brief, for the disposal of this appeal are as follows: 2. The appellant was appointed as Chairman of the Haryana Board of School Education as per order dated 10-12-1985. At that time he was holding the post of Professor-Director of the Punjabi University Regional center, Bhatinda. On his appointment as the Chairman of the said Board he resigned his post as Professor-Director and took over as the Chairman of the Board on 11th December, 1985. His original appointment was for a period of 2 years. The order of appointment reads as follows: In exercise of the powers conferred by Sub-section (4) of Section 3 of the Haryana Board of School Education Act, 1969 (as amended from time to time), the Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the then Chief Minister of Haryana. On 7th June, 1986, he was served with an order that his term of office had been curtailed with immediate effect and that he would cease to function as. Chairman from 8-6-1986. This order is extracted below: In exercise of the powers conferred by Section 4-A of the Haryana Board of School Education Act, 1969, and in accordance with the terms of appointment under the heading Tenure of Office, issued vide order No. 19/40-83 Edu. 111(5) dated the 24th March, 1986, the Governor of Haryana is pleased to curtail the tenure of office of Dr. D.C. Saxena as Chairman, Haryana Board of School Education with immediate effect and orders that he shall cease to function as such with immediate effect from 8- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es that the Chairman and Vice-Chairman of the Board shall be appointed by the State Government, upon such terms and conditions as it may think fit and they shall hold office at the pleasure of the State Government. It was in exercise of the powers conferred under Sub-section (4) of Section 3 of the Act that the appellant was appointed Chairman. In the appointment letter, it had been specifically provided that the terms and conditions of the appointment would be notified later. Subsequently, by communication dated 24th March, 1986, he was told that his tenure of service could be curtailed at any time by the Government. The State Government had taken a general decision on 6th June, 1986, dispensing with the services of non-official/ non-MLAs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Lal was the Chief Minister. In the original order of appointment, it was indicated that the tenure of his office would be for two years. Only four months later he was alerted by another order that the Government could curtail his tenure at any time. He must have been aware of Section 4-A which reads as follows: 4-A. Chairman, Vice-Chairman and members to hold office during pleasure of State Government. Notwithstanding anything contained in Section 3 or Section 4 or any other provision of this Act, the Chairman, Vice-Chairman and members of the Board shall hold office during the pleasure of the State Government. An argument was attempted to be advanced before us that the procedure laid down in Section 9 was not followed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbers, the latter carves out a special field dealing with a category of cases where the State Government may remove a member whose continuance in office is not in the interest of the Board. A case falling within Section 9 is a case where removal must be for reasons personal to the Member and flow from his conduct or such other factor which requires that, in the interest of justice and fair play, he should be given an opportunity to tender an explanation. In the view that Section 9 carves out a special field, Section 4-A is left with an abridged scope. So abridged, it deals with cases other than those where the continuance of a member calls for termination in the interest of the Board and requires that such member be given an opportunity of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal merit of the Appellant, to uphold the Judgment of the High Court. 7. The appellant, in desperation, put forward another plea, that the expression terms and conditions of service would not take within its ambit tenure of service . In other words, his case was that the word term did not indicate the period of service and that therefore, the Government did not have the requisite authority to curtail his tenure. This plea was met by the respondents' counsel saying that the word 'term' included the tenure of service also. Both sides invited us to Dictionaries in support of their respective cases. We do not think it necessary to seek support from the Dictionary for this purpose. The expression terms of service cle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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