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 Commission, vide notification dated 25.7.2023. It has been stated that the petitioner No. 1 is a highly reputed person of the society and was elected as a member of the legislative assembly from Harsidhi for the term 2015-2020 and was awarded with Dalit Sahitya Academy Award in the year 2011. As far as the petitioners No. 2 and 3 are concerned, it has been stated that they are social workers and work for the upliftment of the people of the weaker sections of the society. It has been contended that the General Administration Department, vide resolution contained in memo dated 18.11.2009, took a decision for constitution of the aforesaid Commission for promoting the interest of the people belonging to the scheduled caste and for their upliftment, growth and equal representation in the society as also for providing equality of status and opportunity and to secure justice, social, economic and political. Clause 2 of the said resolution dated 18.11.2009 prescribes that the Commission would consist of one Chairman, one Vice-Chairman and three members. Clause 3 of the said resolution dated 18.11.2009 prescribes the duties and responsibilities of the Commission. In note 3 of Clause 3 of the aforesaid resolution dated 18.11.2009, the Commission is prohibited from doing any work, which is against the objective of the Central Scheduled Caste Commission and in Clause 4 (A), the term of Chairman, Vice-Chairman and Member has been fixed for three years from the date of assuming the office. Cause 4(Ga) of the aforesaid resolution dated 18.11.2009 prescribes that the Chairman, Vice-Chairman and Members can be removed by the State Government for such reasons, as may be specified later.

3. It has been submitted on behalf of the petitioners that after formation of the new Government on 28.1.2024, all of a sudden after four days by a notification dated 02.02.2024, the State Government through the General Administration Department removed the petitioners from the post of Chairman and Members of the said Commission without assigning any valid reason. In fact, by three notifications dated 02.02.2024, the Chairman and Members of the State Commission for Extremely Backward Class, Mahadalit Commission and the State Commission for Scheduled Tribe were also removed in complete violation of the principles of natural justice. It is submitted that the petitioners were appointed for a period of 3 years, however, they have been removed before expiry of the said period in an arbitrary and illegal manner without specifying any reason. In fact, no opportunity has been granted to the petitioners to furnish their explanation before their removal, which amounts to violation of the principles of natural justice.

4. It has also been submitted on behalf of the petitioners that as per Clause 4(