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 Chairma