6 months ago
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The Bombay High Court has delivered a divided verdict connected whether the Central Government tin regenerate a nominated civilian subordinate of a Cantonment Board earlier the expiry of their tenure. The substance volition present beryllium placed earlier the Chief Justice for appropriate orders.
The petition was filed by Pritam Dinkar Adhav, a Nashik-based businesswoman, challenging a March 6, 2025, notification issued by the Defence Ministry substituting her with Sachin Suresh Thakre, a businessman, arsenic a nominated subordinate of the Deolali Cantonment Board. Ms. Adhav contended that her tenure was fixed until February 10, 2026, under an earlier notification and that the removal violated the Cantonments Act, 2006.
Senior advocator A. A. Kumbhakoni, for the petitioner, argued that the impugned notification was “ex facie amerciable and without jurisdiction,” arsenic the Act provides for removal lone nether Section 34, which mandates announcement and adherence to principles of earthy justice.
“The powerfulness to alteration the constitution of the Board does not see the powerfulness to substitute a subordinate mid-term. Unless a vacancy arises oregon removal is affected under Section 34, information of different idiosyncratic is impermissible,” he submitted.
He further contended that the doctrine of pleasance cannot beryllium work into the Act, which prescribes a fixed tenure erstwhile notified. “The specified powerfulness to name does not see the powerfulness to substitute arbitrarily,” helium said.
Additional Solicitor General Anil Singh, representing the Union of India and Defence Estates authorities, countered that the Central Government’s powerfulness to nominate nether Section 13(3) includes the powerfulness to replace.
“The close to nominate is implicit and unfettered. The petitioner held bureau astatine the pleasance of the Government. Section 21 of the General Clauses Act permits amendment oregon rescission of notifications,” helium argued.
Senior Advocate Rajiv Patil, for Mr. Thakre, supported the Centre’s stand, citing Supreme Court rulings connected the doctrine of pleasance successful narration to nominated posts.
Justice Revati Mohite Dere quashed the notification, terming the substitution “arbitrary, amerciable and contrary to Sections 13(1) and 34 of the Cantonments Act.” She observed, “The enactment of substitution operates as removal, for it terminates an existing tenure earlier its earthy expiry. The instrumentality attaches value to the effect of an enactment alternatively than its signifier — substantia non verba spectanda.”
Holding that the doctrine of pleasance cannot beryllium implied, she said, “There is thing successful Section 13(3) which makes the tenure of specified a nominee ‘at pleasure’ of the Government. The doctrine of pleasance is conspicuously absent from the statute and cannot beryllium work into it.”
Justice Dere restored Ms. Adhav to her station for the remainder of her tenure, noting that “removal of immoderate member, whether elected oregon nominated, indispensable strictly conform to Section 34.” She besides rejected reliance connected Sections 16 and 21 of the General Clauses Act, stating that they cannot override the circumstantial removal process successful the genitor statute.
In contrast, Justice Neela Gokhale upheld the Defence Ministry’s action, ruling that the statute does not prescribe a minimum tenure for nominated members of a varied Board. She held, “Nomination stands connected a antithetic footing than election. It is the pleasance of the nominating authority, and nary right accrues to the nominee to clasp bureau for a peculiar period.”
Justice Gokhale added, “Once the Central Government has the authorization to nominate, the powerfulness to amend, alteration oregon rescind specified information follows. Section 34 applies lone erstwhile removal is for cause; substitution without stigma does not pull its safeguards.”
She relied connected Section 21 of the General Clauses Act and cited Supreme Court precedents to reason that principles of earthy justness bash not use erstwhile a information is withdrawn astatine the Government’s discretion.
The judgement records correspondence from the Chief Minister of Maharashtra recommending Mr. Thakre to the Defence Ministry. Justice Gokhale noted that portion specified suggestions whitethorn origin into consideration, the determination rests solely with the Centre successful consultation with the General Officer Commanding-in-Chief.
