Manisha Gulati approaches Punjab and Haryana Excessive Courtroom towards her removing as girls panel chief
Chandigarh, February 14
Manisha Gulati, who was eliminated because the Punjab State Fee for Ladies chairperson, has approached the Punjab and Haryana Excessive Courtroom difficult the order of her removing throughout her tenure’s prolonged interval.
Unsustainable order
The order is completely unsustainable, particularly when energy to nominate included energy to increase additionally. It has been handed with out granting alternative of listening to to Manisha Gulati. Her tenure can’t be curtailed by the federal government besides on the bottom of disqualification offered underneath Part 4 of the Act. Chetan Mittal, Senior Counsel
The courtroom was instructed that Manisha Gulati was initially appointed by correct process on March 13, 2018, for 3 years. Her tenure was prolonged vide order dated September 18, 2020, from March 19, 2021, to March 18, 2024.
Manisha Gulati alleged that her tenure was abruptly curtailed by the impugned order dated January 31 by stating there was no energy of extension underneath the Punjab State Fee Act and her interval was prolonged by the federal government’s bonafide mistake.
Senior counsel for the petitioner Chetan Mittal argued that the order was completely unsustainable, particularly when energy to nominate included energy to increase additionally. The order was handed with out granting alternative of listening to to her and her tenure couldn’t be curtailed by the federal government besides on the bottom of disqualification offered underneath Part 4 of the Act.
Mittal in the course of the course of listening to relied upon the Supreme Courtroom judgment within the case of “Widespread Trigger versus Union of India and others”, whereby the query of presidency’s energy to increase the time period of Director of Enforcement (ED) was underneath query.
The Supreme Courtroom categorically held that the facility to nominate contains energy to increase in view of the precept governing underneath Part 21 of the Common Clauses Act relevant to all Central Acts.
Comparable provision was there underneath Part 19 of the Punjab Common Clauses Act. Due to this fact, the impugned order on the face of it was unlawful.
After the State counsel sought time to take directions on this connection, the Punjab and Haryana Excessive Courtroom has granted time to hunt directions earlier than additional arguments on the matter.