retiring pension, of course, the first and third conditions stipulated in Article 361 of the Regulations are satisfied.
12. We have occasion to peruse ... qualifying service' defined in Section 1 Chapter XVI of Article 361 of the Civil Service Regulations held that the Conditions (B) of Article 361
results in infringement of constitutional
immunity extended to the Governor under Article 361 (2) of the
Constitution of India. It is next contended that ... entitled for complete
immunity against any criminal proceedings in terms of Article
361 (2) and (3) of the Constitution of India. It is then contended
mala fide in exercising his powers under Article 171 of the Constitution. In my view Article 361 creates an absolute bar and this application ... such construction, on the Article in question.
14. The Governor not being answerable to Court by reason of Article 361 , it follows that the validity
submitted that in view of the Constitutional provision including that of Article 361 of the Constitution, Governor of Goa ought not to have been made ... various grounds including that in view of various provisions under Article 361 read with Article 163(2) of the Constitution of India, the jurisdiction
claimed. Reference was made to Articles 112 , 212 , 243 and 262 of the Constitution. It was submitted that Article 361 has to be read down ... power by Article 154 , judicial power by Article 161 and Legislative power by Article 162. That does not mean that Article 361 of the Constitution
notice would issue to opposite parties 1 and 2 as Article 361 of the Constitution is a bar. Notice was issued only to the Union ... President under Article 356 is not the satisfaction of the Union Government. As the President is not answerable to court under Article 361. President
reiterate his submission that the power under Article 226 is not in any way controlled by Article 361 and even in Judges' Transfer case ... case as far as Article 164 is concerned.
13. With this, I go on to Article 361. That lays down in Clause (1) as follows
Article
21 of the Constitution of India has been infringed. The
privileges and immunity conferred on the Governor of the State
under Article 361 ... exercise of the power conferred under
Article 226 of The Constitution of India. The personal immunity
under Article 361 of the Constitution of India
maintainability of the petitions in
view of bar contained under Article 361 of the Constitution of
India. Thereafter, this Court by an order dated ... powers
under Article 165(1) of the Constitution of India. The Division
Bench inter alia held that immunity afforded by Article 361
of the Constitution
maintainability of the petitions in
view of bar contained under Article 361 of the Constitution of
India. Thereafter, this Court by an order dated ... powers
under Article 165(1) of the Constitution of India. The Division
Bench inter alia held that immunity afforded by Article 361
of the Constitution
