DR. D.C. SAXENA versus STATE OF HARYANA & ORS.

DR. D.C. SAXENA versus STATE OF HARYANA & ORS.

Termination was the result of a general policy decision, not prompted by mala fides, nor punitive in nature; Section 4A permits removal during pleasure of the State Government; Section 9 procedural safeguards apply only to removals for personal conduct, not general policy; as validity of Section 4A was not challenged, removal is lawful.

Parties
Appellant: Dr. D.C. Saxena; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
08 May 1987
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision in C.w.p. No. 3096 of 1986
Outcome
Appeal dismissed
Legal Topics
Removal of Board Chairman, Terms of Service, Interpretation of Statutes, Tenure of Office
Administrative Law Removal of Board Chairman Terms of Service Interpretation of Statutes Tenure of Office

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. D.C. Saxena

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision in C.w.p. No. 3096 of 1986

Legal Issues

  1. 1 Whether removal of Chairman of the Haryana Board of School Education pursuant to a general policy is violative of Section 9 of the Haryana Board of School Education Act, 1969
  2. 2 Whether 'terms of service' includes 'tenure of service' for the purpose of appointment and removal

Ratio Decidendi

Termination was the result of a general policy decision, not prompted by mala fides, nor punitive in nature; Section 4A permits removal during pleasure of the State Government; Section 9 procedural safeguards apply only to removals for personal conduct, not general policy; as validity of Section 4A was not challenged, removal is lawful.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs.