The order to halt the fresh appointment has been made by a division bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli of the HC after hearing an appeal filed by Manisha Gulati.
Gulati, who was Chairperson of Punjab State Women Commission, has challenged the order of the single bench of HC that had upheld the Punjab government’s decision to remove her from the post.
The counsel representing the appellant (Gulati), senior advocate Chetan Mittal argued that the single bench has wrongly come to the conclusion that doctrine of pleasure is part of Section 4 of the Punjab State Women Commission Act and, therefore, the state of Punjab can remove the Chairperson.
“Not only, it is total misreading of the section itself, but the chairperson can only be removed on the grounds mentioned under Section 4 and that too after granting the opportunity of hearing. On an earlier occasion also, her extension was withdrawn on the ground that there is no power of extension and when she challenged the same before the HC, the state withdrew the said order. The grounds which are available under the Act can only be grounds under which a Chairperson/Member can be removed. The ground of state of Punjab that they can remove the Chairperson by invoking doctrine of pleasure irrespective of the grounds mentioned under Section 4 is not tenable on account of well settled principle of law,” Mittal had submitted.
During the hearing of the matter, the state counsel, however, strongly opposed the stay and argued that they have the power to remove the Chairperson and Member as they have been simpliciter nominated under Section 3.
After hearing the parties, the HC issued notice to the Punjab government seeking reply on the issue and also restrained the authorities from finalizing the fresh selection process in pursuance to the advertisement dated April 7.
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