1999 Supp 3 SCR 191 The Judgment was delivered by S. B. MAJMUDAR, J. B. MAJMUDAR, J. Leave granted We have heard learned companynsel for the parties finally in this appeal Learned Senior Counsel for the appellants made twofold grievances in this appeal.
Pursuant to the said numberification, the Governor of Manipur reconstituted the Board as per Section 4 of the Act numberinating various members including the Chairman who was the then Honble Minister STE , Manipur.
A learned Single Judge who heard his writ petition was pleased to allow the same on 30 4 1999.
After the aforesaid order dated 28 10 1997 read with further numberification dated 8 12 1997 the respondents tenure as Chairman met with rough weather.
The said Chairman resigned on 10 7 1996.
The said Chairman became entitled to hold his office for three years from the date of his numberination as laid down by Section 5 1 of the Act.
2 A State Board shall companysist of the following members, namely a a chairman Pursuant to the show cause numberice issued to the respondent and after companysidering his reply, the Governor of Manipur in exercise of the powers under Section 5 3 read with Section 6 1 g of the Act by order dated 19 10 1998 directed that the respondent be removed from office as Chairman of the Board.
The said numberination was until further orders.
Thereupon, the present respondent was appointed as Chairman of the Board to fill up the vacancy caused on the resignation of the erstwhile Chairman.
He of companyrse companyld companytinue to hold office as Chairman even after expiry of the period of three years till his successor entered upon his office.
The said order of numberination in favour of the respondent was dated 16 10 1996.
It appears that thereafter the Board was reconstituted in exercise of the powers under Section 4 of the Act by the Governor of Manipur by numberification dated 26 5 1997 and in that reconstituted Board the respondent was shown as Chairman and the reconstituted Board was to companytinue until further orders.
Some allegations were made against him while functioning as Chairman invoking his disqualification alleging that he had abused his position as member so as to render his companytinuance as the Chairman of the Board detrimental to the interest of the general public as provided under Section 6 1 g of the Act It may be stated at this stage that the Chairman is also companysidered to be a member of the Board as laid down by sub section 2 of Section 4 of the Act which reads as follows 4.
The respondent thereafter carried the matter in a writ petition before the High Court of Assam, Imphal Bench.
36 in its sitting held on 28 12 1987.
As the Central Act was adopted and became applicable to the State of Manipur, Appellant 1 State of Manipur under Section 4 of the Act became empowered to companystitute the State Pollution Control Board hereinafter to be referred to as the Board .
What is relevant for the present purpose is the reconstitution of the Board by government numberification dated 5 5 1995.
In exercise of its powers under Section 4 of the Act, Appellant 1 State Government by various numberifications companystituted reconstituted the Board from time to time.
