decision was relied on to show that personal immunity afforded by Article 361(1) to the Governor did not avail where his bona fides were ... cited to say that the immunity given to the Governor under Article 361 against answerability to any court is in respect of the exercise
ground that the writ petition is not maintainable in view of Article 361 of the Constitution, that as against the order of the Division Bench ... Excellency the Governor of Tamil Nadu in the light of Article 361 of the Constitution, which provides for immunity. The Division Bench has held thus
maintainable in law. In his submission the Governor
as per Article 361 enjoys immunity and would not be
answerable to any Court for the exercise ... challenge in view
of the provision contained in the Article 163(2) and
Article 361 of the Constitution of India. In his
submission the judicial
looked into the materials.
22. Mr. Bleach further submits that under Article 361 of the Constitution, the President and Governor have been given a protection ... Bleach has pointed out the second proviso of the Article 361 of the Constitution and urged that the second proviso makes it clear that nothing
post, he is entitled for pension. He also placed reliance upon Article 361 of Civil Service Regulation which provides three contingencies for grant of pension ... delegate its powers under this Article to the Heads of Departments.
By the perusal of Article 361 of Civil Service Regulation, it is very much
State of Bihar in view of the provisions comprised under Article 361(4) of the Constitution of India, (ii) that in any case, no petition ... Article 158(2) of the Constitution, the preliminary objection regarding non-maintainability of the petition in view of the provisions comprised under Article 361
Karnataka namely Shri Rameshwar Thakur.
4
Reliance has been placed on Article 361 of the Constitution of India
which provides that the Governor ... State acting under Article
163 of the Constitution of India. Therefore, the immunity
mentioned under Article 361 of the Constitution does not apply
view of the immunity and the consequent embargo contained in Article 361 of the Constitution of India; (b) whether the petitioner could claim to have ... pertinent question raised with reference to the provisions contained in Article 361 of the Constitution of India, the answer of the learned counsel was that
Counsel has drawn the attention of the Court to Article 465-A and Article 361 of the Civil Service Regulations, wherein conditions have been laid ... down for qualifying service. He further submits that Article 361 of the Civil Service Regulations requires three conditions namely (a) the service must be under
Attorney General and the
Additional Solicitor General that in view of Article 361(1) the
Court may not issue notice to the Governor, was accepted ... Constitution. Paragraph 170 was next placed to show that even
though Article 361 of the Constitution of India grants immunity
to the Governor from being
