Allahadiya and others vs State of Uttarakhand and others

Sudhanshu Dhulia, J. (Oral)

All the three petitioners before this Court are members of “State Farmers Commissionâ€. The State Farmers Commission is a creature of statute,

statute being “State Farmers Commission Act, 2016â€. The petitioners were appointed as members of the said Commission vide order dated

19.12.2017. They have challenged the order dated 07.04.2017 passed by respondent no. 2, whereby they have been removed from the said post.

According to the petitioners, the Commission has been constituted under a statute known as “State Farmers Commission Act, 2016â€. Section 4

of the Act states the ground on which a member can be removed. However, the proviso to Section 4 of the Act categorically states that before

removal of a member, an opportunity of hearing is mandatory. Admittedly, this has not been done. Moreover, the petitioners would also argue that the

appointment order has been passed in the name of the Governor, whereas there is no such mention in the removal order dated 07.04.2017.

Learned counsel for the State, on the other hand, would argue that presently the Commission is effectively not functioning and the no funds have

been allocated to the Commission and, moreover, the post on which the petitioners were appointed is purely under the “doctrine of pleasureâ€​.

Be that as it may, since the due procedure has not been followed before removing the petitioners, the impugned order dated 07.04.2017 cannot be

sustained. Writ petition is allowed. Order dated 07.04.2017 is hereby set aside and quashed. It is, however, made clear that the respondent would

always be at liberty to take appropriate action, but only in terms of the procedure as given in Section 4 of the “State Farmers Commission Act,

2016â€​.

Let a certified copy of this order be issued within twenty-four hours on payment of usual charges.