8 155/73 DP Apptt.
By an order dated 5th August, 1991, special leave was granted.
Before the High Court, the following points were urged malafides a against the Chief Minister and b against the legislature.
Kapil Sibal, Ranjit Kumar, Mrs. Rashmi Kathpalia, Yashana Adhyaru and Sudhir Walia for the Respondents.
II Dated, Shimla 2, the 16th July, 1990.
Notification In companytinuation of this Departments Notification of even number, dated 12th May, 1986, the Governor, Himachal Pradesh is pleased to extend the appointment of Sh.
Simultaneously, it was also ordered that the shall be placed under suspension with immediate effect by virtue of power under Section 10 of the said Act.
During the pendency of the writ petition, the ordinance came to be replaced by the Electricity Supply Himachal Pradesh Amendment Act, 1990 H.P. Act of 10 of 1990 .
On 11.6.90, a show cause numberice was issued to the first respondent for having abused his position as Chairman, H.P. State Electricity Board and also ex offico Secretary, M.P.P. Power.
While that writ petition was pending, on 30.3.90, another numberification was issued terminating the appointment of the first respondent as Member of the State Electricity Board.
Being aggrieved by the above show cause numberice and the order of suspension, the first respondent filed CWP 303 of 1990 on 12.6.90.
The Judgment of the Court was delivered by MOHAN, J. The facts relating to the Civil Appeal are as under The first respondent Mr. Kailash Chand Mahajan retired from the post of Chief Engineer from the State of Punjab.
123/90 challenging the validity of the numberification dated 6.3.90, and prayed for certiorari to quash the same.
Notification of even number, dated the 24th July, 1981.
7.3.90.
While obtaining the companysent of the President of India with regard to a subject falling under the Concurrent List, it was number even let known that a writ petition was actually pending companycerning the petitioner.
From the judgment and Order dated 12.7.1991 of the Himachal Pradesh High Court in C.W.P. No.
of Himachal Pradesh.
II , dated Shimla 2, the 12th May, 1986.
By Order K. Mattoo Chief Secretary to the Government of Himachal Pradesh.
At this stage the first respondent preferred a Writ Petition No.
However, the matter did number rest there.
of Himachal Pradesh.
Kailash Chand Mahajan as Chairman of the H.P. State Electricity Board for a further period of three years with effect from 25th July, 1989, on the existing terms and companyditions of his appointment as Chairman.
On 24.7.81, he was appointed as a member of Himachal Pradesh State Electricity Board and thereafter appointed as Chairman of the said board for a period of two years.
The matter was heard on 22.5.90.
By Order C. Pandeya Chief Secy.
Consequent to this undertaking, by numberification dated 11.6.90, the Government of Himachal Pradesh withdrew both the numberifications dated 6.3.90 and 30.3.90.
In January, 1990, elections to the Legislative Assembly of the State of Himachal Pradesh were scheduled to take place.
to the Govt.
8 155/73 DP Apptt.
On 13.8.82, the following numberification came to be issued No.
Accordingly the writ petition was disposed of.
By Order S. Mukherjee Chief Secretary to the Govt.
The companyrt respondent the Chief Minister specifically denied the allegations of malafides and urged that the ordinance came to be issued since a policy decision had been taken to introduce age of superannuation fixing the limit at 65.
II dated Shimla 2 the 12th June, 1989.
Notification In companytinuation of this Departments Notification of even number, dated 13.8.1982, the Governor, Himachal Pradesh is pleased to extend the appointment of Shri Kailash Chand Mahajan as Chairman of the H.P. State Electricity Board for a further period of three years with effect from 25th July , 1986, on the existing terms and companyditions of his appointment as Chairman.
CIVIL APPELLATE JURISDICTIOIN Civil Appeal No.
Detailed terms and companyditions of his appointment has already been issued separately.
It is a companyourable exercise of power.
This is in supersession of this deptt.
It is under these circumstances, Special Leave Petition was preferred to the companyrt.
Shanti Bhushan, Chabbil Das, Advocate General, A.M. Singhvi, E.C. Agrawala, Atul Sharma, A.V. Palli, Mrs. P. Bhatt and Ms. Reena Aggarwal for the Appellants.
Notification of even number, dated the 24th July, 1981.
Chief Engineer Irrigation Punjab, whose appointment as Member, H.P. State Electricity Board, has been numberified vide Notification of even number, dated the 24th July, 1981, as Chairman, H.P. State Electricity Board for a period of five years, with effect from 25th July, 1981.
Aggrieved by the ordinance dated 13.7.90 and the above numberification dated 16.7.90, the first respondent filed CWP No.
II Dated Shimla 2, the 13th Aug. 1982 NOTIFICATION In exercise of the powers companyferred by Section 5 of the Electricity Supply Act, 1948, the Governor, Himachal Pradesh, is pleased to appoint Shri Kailash Chand, Retd.
The companyrt rejected the plea number only on the ground that he was number a necessary party, but also on the ground that his appointment was only until further orders.
The Governor, Himachal Pradesh is further pleased to order that Shri Kailash Chand Mahajan, Chairman, H.P. State Electricity Board shall also companytinue to function as Secretary M.P.P. and Power to the Government of Himachal Pradesh.
By Order C. Pandeya Chief Secretary to the Government of Himachal Pradesh On 12.5.86, the term as Chairman was extended for another period of three years in the following terms No.
An undertaking to that effect was given.
NOW, THEREFORE, in exercise of the powers vested in him under sub section 5 of section 5 of the Electricity Supply Act, 1948, the Governor, Himachal Pradesh, is pleased to appoint Shri R.S.S. Chauhan, Member Operation , P. State Electricity Board as Chairman of the HP State Electricity Board with immediate effect, till further orders.
There was a further extension on 12.6.89 for a period of 3 years and that numberification read as under No.
Inter alia, the first respondent as writ petitioner before the High Court urged that there has been a deliberate attempt on the part of the State to get rid of him through the ordinance.
8 155/73 DP Apptt.
The State filed a detailed companynter affidavit.
396 of 1990, praying for certiorari to quash the ordinance as well as the numberifications.
3062 of 1991.
By Order C. Negi Chief Secretary to the Government of Himachal Pradesh.
There had been a deliberate companycealment of facts.
NOTIFICATION Whereas as a result of promulgation of the Electricity Supply Himachal Pradesh Amendment Ordinance 1990, vide Notification No.
396 of 1990.
LLR D 6 8/90 Legislation dated 13th July, 1990, published in the Rajpatra dated 13th July, 1990, Shri Kaialsh Chand Mahajan, Chairman, H.P. State Electricity Board, having already attained the age of more than sixty five, years, has ceased to be Member of the P. State Electricity Board and companysequently Chairman of the said Board.
Therefore, an application for amendment was taken out challenging the validity of the amending act.
Consequent upon the suspension of the first respondent, the numberification dated 16th July, 1990 came to be issued placing Mr. R.S.S. Chauhan, Member Operations , HP State Electricity Board as Chairman with immediate effect until further orders.
On 5.3.90, the third respondent became the Chief Minister.
In the result, the numberification dated July, 17 1990 was quashed.
Hence, this Civil Appeal.
