Manisha Gulati approaches Punjab and Haryana High Court against her removal as women panel chief

Tribune News Service

Chandigarh, February 14

Manisha Gulati, who was removed as the Punjab State Commission for Women chairperson, has approached the Punjab and Haryana High Court challenging the order of her removal during her tenure’s extended period.

Unsustainable order

The order is totally unsustainable, especially when power to appoint included power to extend also. It has been passed without granting opportunity of hearing to Manisha Gulati. Her tenure cannot be curtailed by the government except on the ground of disqualification provided under Section 4 of the Act. Chetan Mittal, Senior Counsel

The court was told that Manisha Gulati was initially appointed through proper procedure on March 13, 2018, for three years. Her tenure was extended vide order dated September 18, 2020, from March 19, 2021, to March 18, 2024.

Manisha Gulati alleged that her tenure was abruptly curtailed through the impugned order dated January 31 by stating there was no power of extension under the Punjab State Commission Act and her period was extended by the government’s bonafide mistake.

Senior counsel for the petitioner Chetan Mittal argued that the order was totally unsustainable, especially when power to appoint included power to extend also. The order was passed without granting opportunity of hearing to her and her tenure could not be curtailed by the government except on the ground of disqualification provided under Section 4 of the Act.

Mittal during the course of hearing relied upon the Supreme Court judgment in the case of “Common Cause versus Union of India and others”, wherein the question of government’s power to extend the term of Director of Enforcement (ED) was under question.

The Supreme Court categorically held that the power to appoint includes power to extend in view of the principle governing under Section 21 of the General Clauses Act applicable to all Central Acts.

Similar provision was there under Section 19 of the Punjab General Clauses Act. Therefore, the impugned order on the face of it was illegal.

After the State counsel sought time to take instructions in this connection, the Punjab and Haryana High Court has granted time to seek instructions before further arguments on the matter.

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