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MOHIT KUMAR SHAH
Rajendra Kumar – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed by the petitioners for quashing the notification dated 02.02.2024, issued under the signature of the Secretary, General Administration Department, Government of Bihar, Patna, i.e. the Respondent No. 3 by which, in terms of Clause 4 (Ga) of the resolution contained in memo No. 5614 dt. 18.11.2009, due to administrative exigency as also in public interest, the petitioners have been removed from the post of Chairman and Members of the State Scheduled Caste Commission. The petitioners have further prayed to direct the Respondents to restore them to their respective posts with effect from 2.2.2024 and accordingly, pay the outstanding salary and emoluments from the date of removal i.e. 2.2.2024.
2. The brief facts of the case, according to the petitioners, are that the petitioner No. 1 was appointed as the Chairman of the State Scheduled Caste Commission (hereinafter referred to as “the Commission”) for a period of three years, vide notification contained in memo No. 14144 dated 25.7.2023, issued by the Additional Secretary, General Administration Department, while the petitioners No. 2 and 3 were appointed as Members of the
"Doctrine of Pleasure" has its genesis under common law - A public servant could be dismissed from service by Crown at its pleasure.
The doctrine of pleasure permits removal from office without notice or reason, provided it is not arbitrary, and does not apply to those not holding civil posts under the Constitution.
The doctrine of pleasure allows for removal from office without notice or reason, provided it is not arbitrary, and does not apply to those holding civil posts under the Constitution.
The doctrine of pleasure permits removal from office without adherence to principles of natural justice when the appointee does not hold a civil post.
The doctrine of pleasure does not permit arbitrary or capricious exercise of power by the State, and such actions must comply with principles of fairness and Article 14 of the Constitution.
The main legal point established in the judgment is that the Doctrine of Pleasure cannot be invoked in an arbitrary manner, and valid reasons are required for the removal of an appointed member. The ....
The Governor's power to remove nominated Chairmen of Zilla Grandhalaya Samsthas under Section 11(3) of the Act is not absolute and is subject to the procedure prescribed under Section 18-A of the Act....
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