(1.) THE challenge in this petition is the order dated 26.2.2004 (AnnexureP/1), whereby the appointment of the petitioner by order dated 12.7.2001 (Annexure P/2), as Chairman of the Chhattisgarh State Minority Commission (for short 'the Commission') was cancelled.
(2.) THE indisputable facts, in narrow compass are that in exercise of the powers under Section 3(1) read with Section 3(2) of the Chhattisgarh State Commission for Minorities Act, 1996 (for short 'the Act, 1996'), the petitioner was appointed as Chairman of the Commission for a term of three years from the date he assumed the charge under the provisions of Section 4(1) of the Act, 1996. According to learned counsel appearing for the petitioner, the petitioner assumed the charge on the same date. Two other members were appointed along with the petitioner. The petitioner was granted status of the cabinet minister and the members were granted the status of the state minister with all benefits on 12.7.2001.
(3.) ON the other hand Shri Vinay Harit, learned Deputy Advocate General appearing for the respondents/State would submit that the State Government was fully competent to remove the petitioner from the post of Chairman without assigning any reason or without affording an opportunity of hearing.