LODHA, J.—This is a writ application under Art. 226 of the Constitution of India by Shri Jwala Prasad Sharma, erstwhile Chairman of the Rajasthan State Road Transport Corporation, Jaipur (hereinafter to be referred to as the corporation), which has been superseded by the State of Rajasthan by a notification No. F.(7)(3)(3) Pari/12 dated 23th May, 1972, marked Annexure 5 on the record. Since the petitioner has challenged the validity of the said notification and has prayed that it may be set aside, it would be proper to reproduce this notification in extenso :—

"GOVERNMENT OF RAJASTHAN

Home (Group VII) Department

No. F. 7 (3)(3) Par /72 Dated the 20th May, 1972.

Notification

Whereas the State Government issued a notice under sec. 38 of the Road Transport Corporation Act, 1950 (Central Act LXIV of 1950) to the Rajasthan State Road Transport Corporation on 18th April, 1972 to show cause why it should not be superseded:

And whereas the State Government after considering the explanation and objections of the Corporation is of the opinion that the Corporation is unable to perform and has persistently made default in the performance of the duties imposed on it by or under the provision of the Road Transport Corporations Act and has further abused its powers.

Now, therefore, in exercise of the powers conferred upon it under sub-sec. 1 of sec. 38 of the Road Transport Corporation Act, 1950 (Central Act LXIV of 1950) the State Government with the approval of the Central Gov. hereby supersedes the Rajasthan State Road Transport Corporation for a period of six months.

By Order of Governor

Sd/- Ram Singh

Commissioner for Home Affairs,

& Secretary to Government."

2. In exercise of its powers under sec. 3 of the Road Transport Corporation Act, 1950 (Act No. LXIV of 1950) the Government of Rajasthan established a Road Transport Corporation some time in the year 1964. The petitioner was appointed its Chairman vide Notification dated 11-12-1967, Annexure 1, reproduced below :—

"GOVERNMENT OF RAJASTHAN

(Home (-I) Department.

Notification

No. F. 12(3)(45) Home/B/67 Dated 11-12-1967

In exercise of the powers conferred by sub-sec. (1) of sec. 5 of the Road Transport Corporation Act, 1950 (Central Act 64 of 1950) read with rules 3(1)(a) and 5(1) of the Rajasthan Road Transport Corporation Rules, 1964, and in supersession of this Department Notification No. F.12(5)(125)HR/Gr/66 dated the September 5, 1966, the State Government hereby appoints Shri Jwala Parsad Ex-Member of the Rajasthan Legislative Assembly as the Chairman of the Rajasthan State Road Transport Corporation, Jaipur vice Shri Shersingh on the following terms from the date Shri Jwala Parsad takes over the charge:–

(1) Honorarium Rs. 1000/- per month

(2) Such free furnished house, telephone, peon and other facilities as admissible to a Dy. Minister of the State Government.

By Order

Sd/- V. D. Sharma

Secretary to the Government."

By another Notification dated 29-3-71 (Annex. 2) the petitioner was again appointed as Chairman for a period of three years with effect from 13-12-1970. Besides the Chairman, the Corporation was constituted by 5 Official Members of whom three were nominated by the State Government and two by Central Government. There were also three non-official members being the representatives of Industry/Agriculture/Labour or commerce who were appointed by the State Government. Thus the Corporation was constituted by nine members in all, including the Chairman as required by R. 3 of the Rajasthan State Road Transport Corporation Rules, 1964, made by the State Government in exercise of the powers conferred by sec. 44 of the Act. They were :

(1) Jwala Prasad (Petitioner) Chairman Official Members nominated by the State Government.

(2) Home Commissioner, Rajasthan.

(3) Finance Commissioner, Rajasthan

(4) General Manager of the Corporation. Official Members nominated by the Central Government.

(5) Dy. Chief Accounts Officer, Western Railway, Bombay.

(6) Marketing Officer, W. Rly., Bombay Non-official Mem

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