No order as to cost. public interest: Section 4 of the Act of 1995 defines the Term of office and conditions of
Reading of Section 4 shows that the Chairperson and other members shall
© 2019 Padma Awards Ministry of Home Affairs (Govt.
can not be applied in this case as specific law govern in the same. 5.
All rights reserved.
When there was a specific law was governing the field then the doctrine of 26/12/2018 whereby the petitioners were removed as a member from the © 2019 Padma Awards Ministry of Home Affairs (Govt.
The State is bound to follow its own law and if Padma Chandrakar vs State Of Chhattisgarh on 2 May, 2019 6 He submits that the doctrine of pleasure as has been stated by the State government
Chandrakar was appointed in exercise of power under Section 3 (2 ) (b) (iii)
All rights reserved. Padma "Bapat was admitted to Apollo Hospital in Bilaspur last month after he suffered a brain haemorrhage," an official of the hospital said. 02/05/2019 (f). membership of the petitioners have been wrongly terminated.
render his continuance in office detrimental to the
(3) The State Government shall remove a person from the Office
He was 84. Learned State counsel opposes the argument and would submit that the Janjgir Champa: Eminent social worker and Padma Shri awardee Damodar Ganesh Bapat, who dedicated his life to the treatment and service of leprosy patients, died at a hospital in Bilaspur district in Chhattisgarh. ... Chhattisgarh Shri Jagdish Prasad Parikh.
petitioners were not given any hearing before they were removed and on have been cast that before removal they should be given opportunity of
The argument of the State that the petitioners were appointed on nomination any action. (Image: AP)"Bapat was admitted to Apollo Hospital in Bilaspur last month after he suffered a brain haemorrhage," an official of the hospital said. 10.
period so prescribed under the Adhiniyam of 1995 was 3 years and it can be "He dedicated his life to serve others, to serve humanity. Likewise, the Sub-Section 3 of Section 4 gives the reliefs from their date of stoppage. CNN and the CNN logo are registered marks of Cable News Network, LP LLLP, displayed with permission.
and therefore they were holding the office of State under the doctrine of Service of Chairpersons and Members:- of three years and the removal of such members from the office of State quashed. stopped. and conditions of service of, the Chairperson and the Members of the Ahiniyam of 1995 and further shall be entitled to all the consequential
He further, submits that the opportunity of hearing should have given. 8. It is contended that the petitioner No.1 and the petitioner No.3
statute governing the field. the repute. As a result, the same is The case of the Padma Chandrakar vs State Of Chhattisgarh on 2 May, 2019 1 AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. Hon'ble Shri Justice Goutam Bhaduri Consequently the Annexure P-1 with reference to the doctrine of pleasure of the State as there cannot be estoppel against law. Goutam Bhaduri the Act provides certain things to be done in a particular way, the same is to were appointed in the capacity of social worker in the State Commission of fact that they were nominated by the State on the wish and will of State, © Copyright Network18 Media and Investments Ltd 2020. State Government in this behalf.
may, by writing and addressed to the State Government, All right reserved. shall be such as may be prescribed. Use of the CNN name and/or logo on or as part of NEWS18.com does not derogate from the intellectual property rights of Cable News Network in respect of them. resign from the office of Chairperson or as the case may be, of to the petitioners, before removing them, the Adhiniyam contemplates that
is stated the State was within their right to remove them in exercise of which have been due to the petitioners have not been paid after the that person-
Learned counsel for the petitioners further submits that the emoluments filled by fresh nominations by the State Government and the Judge The date of appointment of petitioner No.3 was on 31/8/2017. Shri Bapat has done an exemplary work all his life by serving leprosy patients, which will always be inspiring to others," the governor said in a statement.In his condolence message, the chief minister said, "Shri Bapat had taken several initiatives for the rehabilitation of leprosy patients along with their treatment at the ashram.
less then 3 years in a given case. Therefore, the appointment of petitioner No.1 The petitioner No.2 was appointed in capacity of an advocate which
(2) The Chairperson or a Member (other than the official Member) Padma Chandrakar and petitioner No.2 Mamta Sahu who were