Case Note & Summary
The dispute arose from the removal of the appellant from the position of Chairman of the Haryana Board of School Education. The appellant was appointed on December 11, 1985, for a two-year term but received a communication on March 24, 1986, indicating that his tenure could be curtailed at any time. Subsequently, on June 7, 1986, he was informed that his tenure was curtailed with immediate effect, leading him to challenge this decision in the Punjab and Haryana High Court, which dismissed his writ petition. The appellant contended that the curtailment was mala fide, that the term did not indicate the period of service, and that the procedure under Section 9 of the Act was not followed. The respondents argued that the government had the authority to curtail the tenure and that the decision was part of a general policy affecting multiple officials. The Supreme Court analyzed the provisions of the Haryana Board of School Education Act, particularly Sections 4A and 9, concluding that Section 4A allowed for the termination of tenure based on general policy. The court found no evidence of mala fides or punitive action in the removal, which was part of a broader decision to change leadership in various boards. The court upheld the High Court's ruling, stating that the appellant's removal was valid and that the expression 'terms of service' included tenure. The appeal was dismissed without costs, and the court expressed hope that the appellant would be accommodated by the Punjabi University.
Headnote
A) Administrative Law - Removal of Chairman - Validity of Removal - Haryana Board of School Education Act, 1969, Sections 4A, 9 - The court held that the removal of the appellant was valid as it was based on a general policy decision by the government, and the validity of Section 4A was not challenged. The court emphasized that the terms of service included tenure and upheld the High Court's decision (Paras 353D, 353F).
Issue of Consideration
Whether the removal of the Chairman of the Haryana Board of School Education was valid under the Haryana Board of School Education Act, 1969.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's decision that the removal was valid under Section 4A of the Haryana Board of School Education Act, 1969.
Law Points
- Tenure of service
- Removal of Chairman
- Haryana Board of School Education Act
- 1969
- Section 4A
- Section 9
- Mala fide removal
- General policy decision
