Judgment

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 Engihneeer from the State of Punjab. 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. On 13-8-82, the following notification came to be issued:-

"No. 8-155/73-DP (Apptt. 11) Dated Shimla-2, the 13th Aug. 1982

Notification

In exercise of the powers conferred by Section 5 of the Electricity (Supply) Act, 1948, the Governor, Himachal Pradesh, is pleased to appoint Shri Kailash Chand, Retd. Chief Engineer (Irrigation), Punjab, whose appointment as Member, H.P. State Electricity Board, has been notified 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. Detailed terms and conditions of his appointment has (sic).

This is in supersession of this Deptt. Notification of even number, dated the 24th July, 1981.

By Order

K. 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. 8-155/73-DP (Apptt.II), dated Shimla-2, the 12th May, 1986.

Notification

In continuation 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 conditions of his appointment as Chairman.

By Order

(P.K. Mattoo )

Chief Secretary to the

Government of Himachal Pradesh."

There was a further extension on 12-6-89 for a period of 3 years and that notification reads as under:-

"No. 8-155/73-DP (Apptt. II) dated Shimla-2 the 12th June, 1989.

Notification

In continuation of this Departments Notification of even number, dated 12th May, 1986, 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, 1989, on the existing terms and conditions of his appointment as Chairman.

2. The Governor, Himachal Pradesh is further pleased to order that Shri Kailash Chand Mahajan, Chairman, H. P. State Electricity Board shall also continue to function as Secretary (M. P. P. and Power) to the Government of Himachal Pradesh.

By Order

(B. C. Negi)

Chief Secretary to the

Government of Himachal Pradesh."

Therefore, it is obvious that the appointment was to continue up to 25-7-92.

2. In January, 1990, elections to the Legislative Assembly of the State of Himachal Pradesh were scheduled to take place. The respondent in his affidavit would aver that the third respondent (i.e. Mr. Shanta Kumar, the Chief Minister of Himachal Pradesh) is alleged to have made speeches that should he come to power he would have the first respondent removed from the chairnianship of the Electricity Board. On 5-3-90, the third respondent became the Chief Minister. A notification dated 6-3-90, came to be issued in supersession of the notification dated 12-6-89 that the appointment of the first respondent as Chairman of the Himachal Pradesh State Electricity Board is extended from 25-7-89 to 6-3-90.

3. Another notification dated 6-3-90 was issued directing that Mr. R. S. S. Chauhan shall function as Chairman, H. P. State Electricity Board w.e.f. 7-3-90. At this stage the first respondent preferred a Writ Petition No. 123/90 challenging the validity of the notification dated 6-3-90, and prayed for certiorari to quash the same. While that writ petition was pending, on 30-3-90, another notification was issued terminating the appointment of the first respondent as Member of the State Electricity Board.

4. On 30-3-90, the High Court while admitting the wr