Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 174

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, VIRENDER SINGH, JJ.
Ram Lok & ors. – Appellants
Versus
State of H.P. & anr. - Respondents
CWP No. 144 of 2023
Decided on : 12-04-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Sharma, Sr. Advocate with Ms. Anubhuti Sharma, Advocate.
For the Respondents: Mr. Anup Rattan, A.G. with Mr. I. N. Mehta, Y. W. Chauhan, Sr. Addl. A.Gs., Mr. Ramakant Sharma, Addl. A.G., Ms. Priyanka Chauhan, Dy.A.G. & Mr. Rajat Chauhan, Law Officer

Point of Law: "Doctrine of Pleasure" has its genesis under common law - A public servant could be dismissed from service by Crown at its pleasure.

Headnote:
Constitution of India, 1950 - Article 14, 15, 16 and 311 - Services have been terminated - Afford an opportunity of hearing - Doctrine of pleasure - Services of petitioners have been terminated and aggrieved thereby petitioners have filed instant petition – Principle of power to remove an officer appointed at pleasure of State before completion of tenure has also been approved by Court. [Para 20]
Finding of the Court: In exercise of doctrine of pleasure, principles of natural justice have no application - Ratio of above decisions will apply with greater force in present case, where appointment/nomination has no statutory basis whatsoever –Court have gone through judgment and find that therein though doctrine of pleasure was discussed, but same was only in context of office of Governor(s), who hold a constitutional post, whereas it was unequivocally held by Hon’ble Supreme Court that in exercise of power of doctrine of pleasure, principles of natural justice have no application - State has exercised its power of ‘doctrine of pleasure’ for withdrawing nomination of petitioner as Chairperson of Commission - Incidentally, in present case, it is not as if petitioner has been removed from office in question - Court find no merit in this petition.
Result: Petition dismissed.

JUDGMENT :

Tarlok Singh Chauhan, J

The instant petition has been filed for grant of following substantive reliefs:

“(i) that the impugned order dated 12.12.2022 and consequential notifications Annexure P4 & P5 may kindly be quashed.

(ii) that all other consequential actions taken on the basis of impugned Annexure P4 & Annexure P5 may also be ordered to be quashed as once the foundation goes the superstructure is liable to fall.”

2. Briefly, the facts of the instant case are that vide notification dated 20.4.2016, the State of Himachal Pradesh set up the Commission, namely “The Himachal Pradesh State Commission for Scheduled Castes” (fort short, the Commission) in compliance to the judgment passed by the Hon’ble Supreme Court in Indra Sawhney vs. Union of India.

3. The Commission was to consist of four Members, including the Chairperson. The Chairperson was to be an eminent person belonging to Scheduled Castes having wide experience in social life. Not more than three Non-Official members belonging to the Scheduled Castes were to be appointed by the Government from amongst the persons of ability, integrity and standing having special knowledge in matters relating to scheduled castes. It was stipulated that the Chairman and Members shall hold office for a term not exceeding three years, except the ex-officio members. They could also be removed on specified grounds. The relevant extract of the notification reads as under:

The Governor of Himachal Pradesh is pleased to set up the Commission, namely " The Himachal Pradesh State Commission for Scheduled Castes" in the State of Himachal Pradesh with its Headquarter at Shimla to safeguard the interest of the Scheduled Castes in the State of Himachal Pradesh and to ensure effective implementation of policies, programmes and legislations intended for social-economic development of Scheduled Castes, to recommend remedial measures for their welfare and development. The constitution of the Commission, its term of office and powers and functions shall be as under, namely:

1. Constitution of the Commission. The State Government shall, by notification, constitute the Himachal Pradesh State Commission for Scheduled Castes with effect from such date as may be specified therein.

2. Composition of the Commission.-(1) The Commission shall consist of the following Members, namely:

(a) Chairperson, to be nominated by the State Government;

(b) three Non-Official Members, to be nominated by the State Government, out of which one shall be a woman and other shall be from the legal profession; and

(c) the Director, Scheduled Castes, Other Backward Classes and Minority Affairs, Himachal Pradesh shall be the Member-Secretary.

3. Term of office and conditions of service of the Chairperson and the Members.(1) The term of office of the Non-Official Members including Chairperson shall be three years:

Provided that no Chairperson or a Non Official Member shall hold office for more than two terms:

Provided further that no Chairperson or Non-Official Member shall hold office after attaining the age of sixty five years. If the Chairperson attains the age of sixty five years before expiry of the term of three years, he shall vacate the office on the date he attains such age.

(2) Any of the Members including Chairperson of the Commission may, at any time, by writing to the State Government, resign from his office.

(3)The State Government may remove Chairperson or Member from the Commission, if he

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude;

(d) refuses to act or becomes incapable of acting:

(e) has in the opinion of the Government, so abused the position as Chairperson or Member so as to render that person's continuance in office detrimental to the public interest or of the Scheduled Castes;

Provided that no Member shall be removed under this Sub-