REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7165 OF 2010

(Arising out of S.L.P. (C) No. 11013 of 2009)

Hari Bansh Lal

.... Appellant(s)

Versus

Sahodar Prasad Mahto & Ors. .... Respondent(s)

J U D G M E N T

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

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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

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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,

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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

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the relevant provisions relating to appointment to the post

of Chairman from the Electri