generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the Constitution
noted, in the said case, interpretation placed by this
Court under Article 320(3)(c) of the Constitution in State of U.P.
v. Manbodhan ... case of Srivastava (supra) we hold that the
provisions of Article 320(3)(c) of the Constitution of India are
not mandatory and they
Manohar Lal Sharma Advocate vs The Principal Secretary, Prime ... on 13 August, 2014
Author: Badar
Supreme Court also took note of the earlier decisions that Article 320(3)(c) of the Constitution are not mandatory, but went ahead to hold ... expression 'may' in sub-Article 3 of Article 320 of the Constitution of India. Opinions by UPSC on disciplinary matters are not binding
N Gopalaswami & Ors vs The Union Of India & Anr on 13 August, 2014
noted, in the said case, interpretation placed by this Court
under Article 320(3)(c) of the Constitution in State ... case of Srivastava (supra) we hold that
the provisions of Article 320(3)(c) of the Constitution of
India are not mandatory and they
consulting the Public Service
Commission and thus, in complete violation of Article 320 (3) (a)
of the Constitution of India and also for seeking ... Appeal) Rules, 1930 however, in
complete violation of provision under Article 320 of the
Constitution of India, the Resolution dated 28.09.2012 has been
issued
Commission (UPSC).
8. The UPSC would, for its part, point to Article 320 of the
Constitution of India, arguing that recruitments for the post ... UPSC would strenuously argue based on the mandate of
Article 320 of the Constitution of India. They submit that any appointments
made without reference
matter including consultation with the UPSC as provided under Article 320(3)(c ) of the Constitution which says that on all disciplinary matters affecting ... necessary. While constitutional safeguards under Article 311 of the Constitution are available to every person, the safeguard in Article 320(3)( c) is one capable
this Court in Srivastava, we hold that the provisions of Article 320(3)(c) of the Constitution of India are not mandatory and they ... Narulas case and Patels case finally held that
Although Article 320(3)(c) is not mandatory, if authorities do consult UPSC and rely