6‘ $ r IN THE HIGH COURT OF CHHATTISGA‘RH AT BILASPUR Writ Petition No.o%3% OF 2006. / RAGHVENDRA PRASAD SHARMA, S/o Shri J. P. Sharma, Aged about 52 years, Deputy Director, C. G. Khadi 85 Gramodyog Jila Panchayat Karyalya, RAIPUR, (C. G.) PETITIONER VERSUS WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA RESPONDENTS : /1. State of Chhattisgarh, Through The Secretary Gramodyog Deptt. Mantralaya’ RAIPUR. K/ /GOQ‘LQ (,2. («QQpQq 0w}? The Secretary, Flnance Deptt. Mantralaya RAIPUR. $6 a“ V \ 0&‘X’P‘ K3. w 4 The Managing Director, C. G. Khadi 85 Gramodyog Board, ’Xyxo 9x3)“ 27/520, Pravin Bhawan, New Shanti Nagar, RAIPUR. ‘ XI—HC-78 WW,m,W 1%.. 11:1 200 Wm M2é§§ mm(W) WWW WWW mwm WW§WW é:al%n3TI%$T 6-7-2G06 Mr. Pmfull Bhar-a'r, counsel fc Miss Deepali Pandey, Panel Lawyer for- fhe Sfafe/respor‘den‘i's No.1 & 2. Mr. Mahy Kumar Bhadur'i, cou By W.P.No.2636/2006 filed Chhaf'fisgarh Khadi (S: Gramodyog iegaHfy, propriefy and correcfness fhe Chha‘Hisgarh Khadi & Gramody Surguja, Jashpur, Korea & Raigarh h has been appoinfed as Depufy Dire No.2637/2006 filed by pe'i'ifioner' has quesfioned fhe Iegalify, proprie 2006, whereby fhe Disfric+s of J aliocafed +0 him and he has be Headquarfer- a'l' Jagdahaur. As in bo law is invoived, fher-efor-e, +hey ar-e are taken up for disposal of these two writ petitions. Petitioner Prabhu Palile has filed this writ petition questioning the legality, propriety and correctne the Districts of Surguja, Jashpur, K and he has been appointed as Deputy petitioner's case is that he is at pl Head Office. The State Goverm Department has constituted the setup of the Chhattisgarh Khadi (Si Gramodyog Board (for short ‘the Board') and r' fhe pe‘ri'i'ioner. nsel for respondenf ND.3. pefifioner' Prabhu PaHe, Depu‘i’y Direc‘ior, ard, fhe pe‘ri‘rianer has quesfioned fhe f fhe order dafed 16-5-2006 passed by Board, Raipur', whereby the Disfr‘iofs‘ off e been allocafed To The petitioner and he for a-r Ambikapur Headquorfer‘ By WP. aghvendra Prosad Sharma, fhe pefi‘rioner and correc‘iness of fhe order dafed 16-5- gdalpur, Kanker & Danfewada have been n appoinfed as Depufy Direc'ror wifh h’ihese' wri'r pefi‘iions, simiiar quesi‘ion of eing disposed of by this common order. The fads of W.P.No.2636/ ss of the order dated 16-5-2006 whereby orea & Raigarh have been allocated to hini Director at Ambikapur Headquarter. The ‘esent posted as Deputy Director at the nent with the approval of the Finance in the said setup, 38 posts have been ‘ 2 c 6 ' XI—HC—78 mW,Ww1—¢,i%mwg{ o o.o‘oo¢o~oooooooooooo mm(m) WWW WWW WW§WW Ewarwm ‘2:- aswm sanctioned for- ?he Head Office, ou" of which 5 posfs of Depufy Direc'for are kepf a1- Head Office, copy of fhz u aved sefup is Annexur-e P-1. Therefore, as per 'rhe above sei'up, The pefifion r has been posfed of fhe Head Office and assigned wifh fhe work, Copy of fh work disfr-ibu'iion order- is Annexur-e P-2. Vide order dafed 16-5-2006, r-espo den'r No.3 had issued fhe impugned order, whereby fhe pei'ifioner has been f ansferred from fhe-Head Office To Zila Panchayaf: Ambikapur. The above order has been qu sfioned on +he ground fha'r 'ihe said order: is iilegal and wifhouf Jurisdicfion, ihe Board which was cons‘ri‘rufed vide nofificai'ion dared 21-12-2001 been dissoived affer fhe change of Governmenf and fhereaffer, fhe d has no? been consfifufed as provided under Section 4 (1) of The Chha‘i'i'i garh Khadi Tatha Gramodyog Adhiniyam, i978 (for shor'i' ‘i'he Adhiniyam, 197 '), fherefore, fhe order da‘i'ed 16—5-2006 is wi‘i'houf authorify. As per fhe Co sfifu‘rion of The Board, 5 posi‘s of Depufy Direci'or have been earmarked for f e Head Office, Therefore, The said order has been passed in viola‘i‘ion of fhe a ove se‘i'up. The Depufy Direc‘i’or cannof be posfed of The Districf Office and f e Board is no? enfi'rled for change in The approved and sancfioned setup fhouf prior approvai of ‘rhe Finance Deparfmenf. ‘ Refurn has been fiied on beh if of respondenf No.3 in which if has been menfioned fhaf fransfer is an in ce of service, same has been made in exigency of service, and the decis on has been faken in The larger pubiic‘ infer-est fherefore, fhe pefifioner i nof enfi‘Hed to chailenge The some. The said decision has been Taken by The oard as policy decision regarding opening p r h B r i ci n ' XI—HC—78 mw,m,%amgt ¢ o.o.ooo.oooooo.oo.'oo mm(W> WWW WWW WW§WW ém%wan%31 WWW Fgh of new affices in fhe fribai areas of +he 51‘a1'e Le. Surguja & Bas1‘ar- Divisions, and The said offices have been opened for the benefii‘ of The Tribal people of fhai‘ area, as by opening of These cffice, The local public will be benefi‘l-ed by providing employment, upliffing of Their life/sTaTus and increase of income. Therefore, The peTiTioner has aeen posTed aT Ambikapur under The adminisTraTive conTrol of The Boa The posTing order has been issued well wiThin The Jurisdiction of The Board and 5ecTion 7 (3) of The Adhiniyom, 1978, provides for The same, Therefore There is no illegaliTy. Annexure R-3r3 circular daTed 21—2-2006 has be issued To The effecT regarding inTerim arrangemenT of opening of office aT Jagdalpur/Ambikapur. As far as The» consTiTuTion of The Board is conce ed, ThaT was consTiTuTed vide noTificaTion daTed 20*“ July, 2001. The STaTe as adopTed The AcT and provisions of The Adhiniyam, 1978 and noTificaTion T ThaT effecT has been issued. The Board was consTiTuTed under SecTion 4 ( of The Adhiniyam, 1978 vide noTifioaTion daTed 21-12-2001 (Annexure R-3 E). Vide order daTed 5-11-2004, Mr. Chairman of The Board. The MinisTry of Gramodyog has sancTioned 5 posTs DepuTy DirecTor and oTher posTs. This is The only posT sTrucTure, buT SecTio 7 (3) of The Adhiniyam, 1978, provides for inTerim arrangemenT of appoinTmenT and posTing of The employees of The Board. Therefore, The Board was enfiTled o pass The said order. MinisTry of Agro & Rural IndusTries, GOVT. of India has approved a scheme of fund for regeneraTion of TradiTional indus Khadi and Village IndusTries'Commission has been designaTed as The nodal agency for The programme under Khadi Programme. 40 Khadi clusTers hav been earmarked by GovernmenT of India. Kriparam Sahu has been appoinTed r . e T '. XI-HC-78 33W,wm,f§mg{ o ooooooo¢oo.o..oo.ooo¢ WW(W) mmrm WWW I M ,Wmua'a‘fg‘am mwmm %31%11311%3T I p ed af Surguja. If has been prayed fhm i Therefore, a scheme is also going 1‘0 fake place a1- Disfricf: Surguja and a newly esfablished office has been esfabl The wrif pefifion be dismissed. Almos'r idenfical refurn ha been fiied on behalf of fhe State/ respondenfs No.1 & 2 i.e. fhe S'ra‘re of Chha‘H‘isgarh 8i The Secretary, Finance Depar'rmen‘i, respecfively. I have heard learned counsel or ‘l'he parfies. Mr. Pra'full Bhara'l', learned c unsel for fhe pe'l'i'l'ioner, in 1'he firs? place, argued fha‘i' fhere is no legally c nsfifu‘red Board in consonance wi'ih fhe provisions of Sec+ion 4 (1) of fhe Adhiniyam, 1978. Therefore, fhe order impugned is bad in law and same co ld no‘r have been passed by fhe so—called Board. The second limb of argume i of Mr. Bhara1' is 1ha1 as per 'ihe order Annexure P—1, The Govt. of Chhafi’ rh creal'ed in all 38 posis for fhe Board and out of fhaf, 5 pos‘rs of Depufy recfor have been sanci’ioned af the Head Office. Therefore, wifhouf seeking prior approval of fhe Finance Deparfmenf, fhe Board is not enfifled for chang of Head Quarfers of fwo of ifs Depufy Directors. Learned counsel, placing eliance on The judgmenf of The Apex Couri- in fhe ma-H-er of Kendriya Vidyalay Sanga‘l'han v. Damodar Prnsad Pandey and ofhers reporfed in AIR 2004 upreme Courf 4850, submih‘ed fha‘r fhe order impugned is againsi' fhe appro ed sysfem of fhe sefup Annexure P-l and fhe said arrangemenf has been ma e in viola‘iion of The operaTive sysTem, as such, The order is bad in law. In reply To The argumenT of c unsel for The peTiTioner, Mr. Malay Kumar Bhaduri, learned counsel for respon enT No.3 and Miss Deepali Pandey, learned h i a i XI-HC—78 o ¢o¢o.o....o.o .00....0 m 200 E W , W , W Wm<W> WWW WWW WWW \ I”r- Panel Lawyer for fhe Sfa‘l‘e/r'espor insfance, fhe Board was consfifuted vide no'rification dafed 21-12-2001 years, Chairman of the Board was by fhe 51‘a're Government There pefii'ioner is no+ susfainable of law argued Tha‘r i1' is ‘true fha‘l‘ as per * 38 posi's were sanc‘l'ioned ou‘r of w shown +0 be a‘r fhe Head Office. ask any of fhe Officers and keep fh af any place in order fa discharge i ifs objectives for which The Boa submiTTed ThaT iT is evidenT from appoin‘imen‘l' of Depufy Directors arrangement Having heard learned counse documenfs. In order to appreciafe for The parTies, iT would be profiTa provisions of The Adhiniyam, 1978. abouT IncorporaTion of Board i.e. “(1) WiTh effecT f GovernmenT may, by n There shall be esTablis a Board by The name /Gramodyog Board)", WWEWW $Wm 4 k1 ‘. den‘l‘s No.1 & 2 argued fhm‘ in The firs‘r under- Sec‘rion 4 (1) of The Adhiniyam, 1978 and fhereaf‘l'er, on comple‘l'ion of fhr-ee in appoinTed vide order daTed 5-11-2004 ore, The argumenT of counsel for The In reply ‘i'o The second argumenT, They e order daTed 16-8-2004 (Annexure P-1), ich 5 pos‘l‘s of DepuTy DirecTor have been , The Board wiThin iTs power is enfiTled to Head QuarTer of iTs Officer femporarily s duTies smooThIy and in order To achieve d has been esTablished. ”Mr. Bhaduril nnexure R-3-C dafed- 21—2-2006 ThaT “The T 'Jagdalpur & Ambikapur is an infernal for The parTies, I have perused relevanT argumen‘rs advanced by learned counsel le To have a cursory glance aT The relevanT SecTion 4 of The Adhiniyam, 1978, speaks e r om such daTe as The ,STaTe TificaTion, appoinT in This behalf ed for The purposes of This AeT of The ChhaTTisgarh (Khadi and B a a , XIuHC-78 3am, Wm, W 6g o ooo.ooooooooooo~ooo.o WW(W) WWW WW§wW WWW mwm _6 * &;at%nan%u Secfion 5 deals wifh Consfifu ion of Board and provides +ha1' “(1) 7712 Beard shall consisf of fhe fol/owing amely:- {a} :‘he dwirman fa be appo/m‘ed by fhe 5fafe 6ovemmenf,” and so n. Sec‘l‘ion 7 deais wifh appoinfmenf of Managing Director and Officers of he Board and o‘rher sfaff. Seciion 7 (1) envisages ihaf “The Sfafe Governm n1' shall appoin‘i a Managing Direc‘ior who i i shaii exercise such powers and perfo m such dufies as may be prescribed or as . Seci'ion 7 (3) speaks fhai “Subjec‘r + 0 such confroi, resi‘ric‘rions and'condi'i' ns as may be prescribed, The Board may .\ appoin‘i such oi’her officers and e ployees as may be necessary for +he efficien‘i' performance of ifs funci‘i ns". Sec‘i'ion 9 deals wi‘fh fund-ions of “If shail be ‘I'he du'i'y of The Board 1‘0 organize, deveiop and reguiafe viiiag indusi'ries." Secfion 9 (2) envisages ‘iha‘i' “Wifhou'i' prejudice ‘i'o The general of fhe provisions of sub-sec'i'ion (1), The Board shall aiso in par‘i'icular dischar e and perform ail or any of fhe foiiowing dufies and funcfions, nameiy: - may be delega‘ied ‘ro him by The Boar Board. Secfion 9 (1) envisages fha (a) ‘fo s‘i'ar‘i‘, encoura assis'i and carry on village indus‘i'ries and ‘i'o ca ry on frade or business in such industries and in mafi'ers inciden'ial 1'0 such frade or business; (b) 1'0 encourage es abiishmem‘ of co—operafive socie‘ries for village ndusfries; (c) fo conduc‘i 'i'rainin ce‘nfres and +0 Train people Thereof or fo arr-an e for such fraining ai' any other ' insfifufion wifhin or‘ oui'side fhe Sfafe of Chhai'fisgarh wifh a view To equipping them wi‘i'h ‘ihe necessary knowled e for sfarfing or carrying on \ ‘ village indusi'ry; " i g , e ‘ XI-HC—78 mw,m,%m$ C f q ooo‘.oooo‘ooo.oooo'.. mmmiawr) WWW WWW WW§WW WWW r7 — éamanw (d) 1‘0 (e) Na? relevam . {f) 1'0 endeavour, to educam pubiic opinion in favour of such indusfr'ies and f0 impress upon The pubiic The advan‘l'ages of pa‘fmnizing prdduc‘i's Thereof: (g) To seek and obtain advice and guidance of exper'rs in village ind‘usfr-ies; (h) & (i) No‘I' relevant (j) To carry on such cfher‘ acfivi'lies as are incidenl‘al and conducive lo 'i' objec‘l's of 1’his Ac'i'; and (k) to discharge such Ther dufies and To perform such o‘i'her funcfions a may be prescribed or as fhe Sfal'e Governmeni may direct for fhe purpose of carrying out The ob 'ecfs of fhis Act Sec‘i-ion 10 of fhe Adhiniyam, 978 speaks abouf General power of Qoard. If envisages fhoi' “ i'he Board shall, r The purpose of discharging The duTies and performing The funcTions impos d and conferred upon iT by or under This AcT, have The following powers mely: (i) NOT relevanT; (ii) To incur expendiTure and To underTake prog ammes including works in any area in The STaTe for The framing and execuT on of such schemes as iT may consider necessary for The purpose of carry rouT The provisions of This AcT or as may be enTrusTed To i'i‘ by The STaTe Gov rnmenT, subjecT To The provisions of This AcT and The Rules made Thereunder. Now coming To The firsT argu enT advanced by learned counsel for The peTiTioner ThaT The 3oard is noT lega ly consTiTuTed in Terms of Section 4 (1) of The Adhiniyam, 1978, SecTion 4 (1) e visages ThaT wiTh effecT from such daTe as The STaTe GovernmenT may, by oTificaTion, appoinT in This behalf, There h o 'a i g “ XI—HC—78 mW,m,%amgl o .$o.o.‘.o...oo.oo.o‘. WWWW) mwm WW§WW wmm mwm -g » aawaném shaH be esfablished for fhe purpo of fhis Ac‘r a Boar-d by +he name of +he Chhaf?i;sgnrh (Khadi and IGr'amody g Board). Therefore, as per fhe above provisions, 1‘he Board has 1‘0 be es abiished once and if is no? necessary The? offer every Three years, The Boa d has fa be es‘rablished again and again. However, Sec'iion 5 deais wifh Co sfi'i'ufion of Board i.e. once fhe Board is k " established under Staci-ion 4 (1), 1'he second quesfion comes abouf Consiifui'ion of fhe Board and in "rhm‘ respect he stare Government has fo appoini' fhe Chairman of fhe Board as per fhe p ovisions of Seci'ion 5 (1) (a) and $hen oi'her office bearers as per The provisi of Sec‘iion 5 (1). Vide nofifica'rion dai’ed 21-12-2001 Annexure R-3-E, the 51‘ e of Chhai'i‘isgarh exercising power under Secfion 4 (1) of fhe Adhiniyam, 197 , es’rabiished and consi‘ii'ui‘ed The Board by The same order and while esTabiis ing The Board, also consTiTuTed The Board exercising power under SecTions 4 1) di 5 (1). Therefore, There is no quesTion of esTablishing The Board Time and gain. Exercising power under Secfion 5 (1) of The Adhiniyam, 1978, The Gover menT has already appoinTed Mr. Kriparam Sahu, as The second Chairman of T e Board vide order daTed 5-11-2004. Of course, The oTher members have noT been appoinTed by The said order. ., . Therefore, I do noT find any sub ce in The nrgumenT advanced by learned counsel for The peTiTioner ThaT The ard is noT legally esTablished. umenT advanced by learned counsel for The Now coming To The second o peTiTioner, iT is True ThaT‘vide o r daTed 16—8—2004, The GovernmenT of ChhaTTisgarh, DeparTmenT of Villag IndusTries, sancTioned 38 posTs for The Head Gffice of The Board inclusi e of 5 pasTs of DepuTy DirecTor. Now, quesTion comes for consideraTion w Ther wiThouT prior approval of The Finance s‘ s o s n o r r e XI—HC-78 WWW wmm WWW -q~ WW§§$W émtfr€rrm Depar'rmenf, fhe Board is en‘rifled 1o appoinf ifs Officers a? places ofher' ‘rhan The Head Quarters fempor'arily or ofherwise, whose Head Quarfer-s have been shown a‘r fhe Main Headquarter, Rmpur‘, as per *he order- dafed 16-8-2004. In The firsf instance, in refurn o 3y 'i'he pei‘i'l'ioner' has no? been agreed To. Even oi'herwise, provisions of sec"ion 9 of fhe Adhiniyam, 1978, exfr‘acfed above, which deal wifh Funciions of develop and regularize village indus or any of fhe dufies and functions. encourage, assist and carry on villlage indusfries and fo carry on ‘i'rade or fhe ma‘H‘ers incidenfal fo such frade or business; to encourage establishrrent of co-operative societies for village ntres and to train people thereat or to ier institution within or outside the State of ng them with the necessary knowledge for istry. Section 9 (2) (f) envisages that to in favour of such industries and to impress ronizing products thereof. Section 9 (2) (j) envisages that to carry on s ch other activities as are incidental and t and Section 9 (2) (k) envisages that to discharge such other duties and t perform such other functions as may be prescribed or as the State Eove nment may director for the purpose of carrying out the objects of this A t. Section 10 deals with 6eneral power of Board and Section 1O (ii) empowe s the Board to incur expenditure and to t i f respondent No.2, Secrefary, Finance Deparfmenf, fhe objection raised Board, have been shown 1'0 be to organize, fries and also 1'0 discharge and perform ail The Board's func’iions are fhaf 1'o s'rar‘r, business in such industries and in industries; to conduct training ce arrange for such training at any oth Chhattisgarh with a view to equippi starting or carrying on village indL endeavour, to educate public opinion upon the pubiic the advantages of conducive to the objects of this W W , W , W WW(W) o oo..ooooooo.oooo.oo¢o XI-HC-78 WW,W,W . wFP‘zgzé Ila mm 00000§O‘§OOOO0O000 00 In 200g WWG§W> WWW mmm WWW _ [D _ . WW§WW ésmmésr underi‘ake programmes including wouvks in any area in The Sfafe for fhe framing and execu‘rion of such schemes as i? may consider necessary for fhe purpose of carrying ou1‘ The provisions of 1his Ac? or as may be enfrusfed to if by The STai'e Government Section 7 (3) envisages That subject To such comrol, resiricfions and condiiions as may prescribed, fhe Board may appoinf such other officers and employees may be necessary for fhe efficieni' performance of ifs funcfions. Ther fore Seciion 7 (3) of the Adhiniyam, 1978 envisages that subject to control, strictions and conditions prescribed, the Board may appoint such other offic rs and employees necessary for efficient performance of its functions. A conjoint reading of ail the e above provisions makes it clear that the Board is fuiiy empowered to undert ke the programmes inciuding worker in any area of the State for promotion and execution of the schemes, and to discharge its functions the Board an organize, develop and regulate village industries and also discharge its du lies and functions as provided in clause (f) (g), (J) d: (k) of Section 9. The im ugned order was passed an 16-5—2006 in which it has been mentioned that t ‘e Board of Directors in its meeting dated 6-2-2006 decided that in order to provide self-employment and in order to increase the income of scheduled ribes, Scheduled Castes, Other Backward Classes and females, it has been d cided that in the backward districts viz., Jagdalpur, Kanker, Dantewada, Sur uja, Jashpur, Korea & Raigarh, two Deputy Directors must be posted and therefore, one Deputy Director with Headquarter at Jagdalpur and sec nd Deputy Director with Headquarter at Ambikapur be allocated. Ultimat , one Deputy Director at Jagdalpur for e a e e XI—HC-78 E W , W , W o o.ooco_o‘oooo.oo~oooo. WW(W) WWW WWW WW§WW asmm WWW 4w Disfr‘icfs: Jagdalpur', Kanker & Da ewada and anofher Depufy Direcfor af Ambikapur- for Disfricfs:r5urguja, J hpur', Korea & Raigarh were albca‘red for impiemeni‘a‘rion of The above decisio of fhe Boar-d. Prior ‘ro ‘rha‘t, fhe Managing Director of fhe Board vide ifs cir ular dated 21—2-2006, creafed ihese fwo Headquarfers a? Jagdaipur <3: Amb ur wifh fhe above menfioned disfricfs as an infernai arrangemen‘l' for The pu pose of carrying oui' +he schemes of fhe ' Board. The Board in order To a hieve ifs main objeciives and funciions men'i'ioned eariier can make arrange eni by deploying ifs officers in any place of The Sfa‘re of Chhdfisgarh. The order dafed 16-8-2004 ( nnexure P-1) was issued in The year 2004, y whereby various sefup a? ihe headq ari'er as weii as i'he disfric‘r headquarters and o'rher places was sanc‘rioned a d in my-considered opinion, in order 1'0 achieve ifs objecfives and perform ifs funcfions, if cannof be said fhaf fhe Board is nof enfifled fo shiff fhe eadquarfers of any of ifs officers. The Finance Deparfmenf has also nof o 'ecfed fo such a sysfem and in reply fhey have nof sfafed fhaf for change of h adquari'er or for femporariiy esfablishing arior financial approval is required. As far of, learned counsel for fhe pefifioner, is of fhe said Judgmenf is ofany help fo fhe 4 any opera'i'ive guidelines or any malafide in any office in any area of fhe Sfafe, as fhe judgmenf cifed by Mr. Bhar concerned, on facfs I do nof find ff pefifioner, as fhere is no violafion of appoinfing fhe pefifioner. In fhe resulf, I do nof find No.2636/2006). The facfs of WPJ No.2636/2006. The pefifioner in W any subsfance in fhis wrif pefifion (WP; \lo.2637/2066 are similar fo fhaf of W.P. P.No.2636/2006 namely, Prabhu Pafle was i f p Soma appoin'red a1- Ambikapur, whereas, W e pefifioner in W.P.No.2é37/2006 namely, Raghvendm Prasad Sharma, was :ppoinfed af Jagdalpur. Bofh The wri? pefi‘l'ions are devoid of merif, same: are iiabie 1'0 be dismissed and fhey are hereby dismissed. No order as +0 ccisfs. Sd/- L.C. Bhadoo Judge w‘n XI-HC-78 W m , 3am, mug? mmm 2005 It: ! 2 WWW WWW WW(W) WWW _ [ r; F WW M®E3T %31%w311%$1