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IN THE SUPREME COURT OF INDIA
P. SATHASIVAM & DR. B.S. CHAUHAN, JJ.
Hari Bansh Lal-Appellant(s)
Versus
Sahodar Prasad Mahto & Ors-Respondent(s)
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7165 OF 2010
(Arising out of S.L.P. (C) No. 11013 of 2009)
Decided on : AUGUST 30, 2010
(b) Constitution of India – Article 226 – Petitioner not a competing candidate of appellant, nor eligible for post of Chairman, JSEB – He is a Union Leader – Petition, therefore, a PIL – In service matter PIL can be entertained only for writ of quo warranto – Not for positive writ – Instant writ being a PIL for positive writ in service matters is not maintainable. (Para 6, 22)
(1998) 7 SCC 273; (2004) 3 SCC 349; (2004) 3 SCC 363; (2005) 1 SCC 590; (2005) 5 SCC 136; (2003) 4 SCC 712; (2002) 6 SCC 269; (2006) 11 SCC 731 – Relied upon
(c) Service Law – Appointment – Suitability to a post – Suitability or otherwise of a candidate for appointment to a post is the function of the appointing authority – Not of the court unless the appointment is contrary to statutory provisions/rules. (Para 15, 22)
(1968) 3 SCR 363: AIR 1968 SC 1113; (1968) 3 SCR 614: AIR 1968 SC 1495; (1987) 4 SCC 486; (1968) 3 SCR 363; (1974) 4 SCC 3 – Relied upon
(d) Constitution of India – Article 226 and 136 – Change of stand – Without compelling reasons – Not permissible. (Para 24)
(e) Electricity (Supply) Act, 1948 – Section 5(4) and Rule 4(3), Bihar State Electricity Board Rules, 1960 – Section 5 and rule 4 – Appellant qualified for the post of Chairman, JSEB – Hale and hearty despite being aged 84 – Appointed as per rules and procedures – Directed to be continued in his post. (Para 25)
(2000) 8 SCC 395 – Relied upon
Facts of the case:
Sahodar Prasad Mahto, Respondent No.1 herein, claiming himself as Vidyut Shramik Leader, filed Writ Petition before the High Court of Jharkhand challenging the appointment of Mr. Hari Bansh Lal, the appellant herein as Chairman, Jharkhand State Electricity Board.
The Division Bench of the High Court quashed the appellant’s appointment.
Finding of the Court:
There is no infirmity in appointment of the appellant as Chairman JSEB.
Result:
Appeal allowed.
JUDGMENT
P. Sathasivam, J.
1) Leave granted.
2) This appeal is directed against the judgment and order dated 27.04.2009 passed by the High Court of Jharkhand at Ranchi in Writ Petition (PIL) No. 5067 of 2008 in and by which the High Court allowed the Public Interest Litigation filed by Sahodar Prasad Mahto, Respondent No. 1 herein and quashed the appointment of Hari Bansh Lal, appellant herein as Chairman of the Jharkhand State Electricity Board and directed the State Government to make fresh appointment to the post of Chairman of the Board in place of the appellant herein. 3) Brief facts:
a) Sahodar Prasad Mahto, Respondent No.1 herein, claiming himself as Vidyut Shramik Leader, filed Writ Petition No. 5067 of 2008 before the High Court of Jharkhand challenging the appointment of Mr. Hari Bansh Lal, the appellant herein (Respondent No.5 before the High Court) as Chairman, Jharkhand State Electricity Board (in short "the Board") on the ground that the Board has been constituted in an arbitrary manner and he is a person of doubtful integrity, aged about 90 years, appointed as a Chairman without following the rules or procedure. Even before filing the present writ petition, the said Mahto and his colleague Sideshwar Prasad Sinha filed Public Interest Litigation seeking general direction not to appoint corrupt persons as Chairman and Members of the Board. According to the writ petitioner, various allegations and insinuations have been made against Respondent No.5 therein who was appointed as Chairman of the Board and during the period there had been shortfall in generation transmission and supply of Electricity. He also alleged that Mr. Hari Bansh Lal retired from service of the Board in the year 1976, considering his age, he is not in a position to perform his duties as Chairman. He also contended that because of age factor as well as want of knowledge and latest advanced technologies in the field of electricity, prayed for appropriate direction for his removal by way of a Public Interest Litigation.
b) The State Government, Jharkhand State Electricity Board as well as the appellant, who was Respondent No.5 therein, filed counter affidavit specifically denying all the averments. On the other hand, the Board has highlighted that Mr. Lal rendered excellent service in the Board, received appreciation and there is no age limit prescribed for appointment of a Member or Chairman of the Board under the Electricity (Supply) Act, 1948. In the same way, the State Government, in their counter affidavit, reiterated that Mr. Lal has all the required technical qualification in the field of Electricity. He possessed a number of Indian and foreign degrees to his credit. All appointments were made after obtaining vigilance clearance. In the case of Mr. Lal also, vigilance clearance was obtained before his appointment as Chairman of the Board. In a separate counter affidavit, Hari Bansh Lal enumerated full details of his qualifications, experience and expertise in the electricity field. It is also stated that the then Chief Minister of Jharkhand, after considering the merits of several candidates, had ordered the appointment of Mr. Lal as Chairman of the Board in the year 2004 and continued till 2005 when he tendered his resignation from the post during political instability. He also highlighted the relevant provisions relating to appointment to the post of Chairman from the Electricity (Supply) Act, 1948 as well as the Bihar Electricity Board Rules, 1960 which is applicable to the State of Jharkhand.
c) On going through the rival contentions, the Division Bench of the High Court, after holding that appointment of Respondent No.5 therein, as Chairman of the Board is not only arbitrary but also contemptuous and ultimately quashed his appointment. The said order is under challenge by the appellant-Hari Bansh Lal, by way of special leave before this Court. 4) Heard Mr. P.P. Rao, learned senior counsel for the appellant, Mr. Prashant Kumar, learned co
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