AIR 2018 JHA 180 ::2018 (4) AJR 98

Jharkhand High Court

Hon'ble Judge(s): Rongon Mukhopadhyay , J

Dentists Act (16 of 1948) , S.3(e), S.6(1)— Member of Dental Council - Removal of - Order of removal passed without giving opportunity of hearing and without assigning reasons - Liable to be set aside. Apart from being violative of the principles of natural justice the impugned order appears to be fraught with arbitrariness inasmuch as no reasons have been assigned while replacing the petitioner with respondent No. 3 as nominated member in the Dental Council of India. State authorities cannot be permitted to exercise their powers at their pleasure and at their whims in unfettered and unbridled fashion as such action has to have a justifiability and must indicate fairness otherwise such decision would not succeed the test on judicial review.(Para 8)