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R.A. Goel vs Union Of India (Uoi) And Ors. on 5 July, 2000 cites

G.S. Oberoi vs State Of Punjab And Anr. on 7 July, 1997

10. A plain reading of the aforesaid provision makes it clear that the State Government can supersede a Board under Clause (a) if it persistently makes defaults in the performance of the functions imposed on it by or under the Water Act and also under Clause (b) if circumstances exist which render it necessary in public interest to do so. A proviso is then added to Sub-section (1) according to which an opportunity of hearing has to be given to the Board only if the notification superseding it is to be issued for the persistent defaults made by it in the performance of its functions imposed on it by or under the Water Act as referred to in Clause (a). The proviso does not require any such opportunity to be given when a State Board is to be superseded for reasons mentioned in Clause (b). It is true that rules of natural justice have to be read in all statutory provisions unless they are excluded specifically or by necessary implication but in the present case the legislature in its wisdom has not provided for an opportunity of hearing to the Board when it is sought to be superseded under Clause (b). In other words, by not referring to Clause (b) in the proviso, the Parliament has by necessary implication excluded the principles of natural justice when the Board is to be superseded in public interest for reasons stated in Clause (b). We, therefore, hold that where the State Government on an examination of the material available with it comes to the conclusion that circumstances exist which render it necessary in public interest to supersede the Board, it is not necessary to issue any show cause notice either to the Board or to any member thereof. A similar view has been taken by a Division Bench of this Court in G.S. Oberoi v. State of Punjab, 1999 (1) RSJ 464 : (AIR 1998 P & H 67) with which we respectfully agree.
Punjab-Haryana High Court Cites 39 - Cited by 2 - M L Singhal - Full Document
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