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1 - 10 of 11 (0.45 seconds)Article 213 in Constitution of India [Constitution]
J & K Public Service Commission vs Dr Narinder Mohan on 7 December, 1993
In the matter of J & K Public Service Commission,
and others v. Dr. Narinder Mohan and others 4, Their
Lordships of the Supreme Court have held that once
statutory rules have been framed, the appointment
shall be only in accordance with the rules and held as
under:-
S. L. Sachdev & Anr vs Union Of India & Ors on 28 October, 1980
11. Likewise, in the matter of S. L. Sachdev and another
v. Union of India and others 5, Their Lordships of the
Supreme Court have held that any direction contrary to
the rules would amount to amendment of the rules
framed under proviso to Article 309 of the Constitution
of India which is impermissible in law and observed as
under:-
K.B. Shukla And Ors. vs Union Of India (Uoi) And Ors. on 31 January, 1979
In the instant case, respondent
No.4 who is a member of State Administrative Service
(Deputy Collector), has been appointed on the post of
Chief Executive Officer, Janpad Panchayat, he is not
holding the substantive post of Chief Executive Officer
under the Rules of 2006 and therefore he cannot be
appointed on the said post, that too replacing the duly
appointed Chief Executive Officer who is substantively
holding the post of Chief Executive Officer, Janpad
Panchayat as such the State Government cannot
appoint such a person/respondent No.4 on the post of
Chief Executive Officer, Janpad Panchayat and that is
contrary to the Rules of 2006 and therefore it is illegal
and liable to be quashed as per law laid down in
above-stated judgments.
B. S. Yadav And Others Etc vs State Of Haryana And Others Etc on 5 November, 1980
7. At this stage, it would be appropriate to notice certain
judgments of the Supreme Court laying down the law
Page 6 of 14
7
that the power of Governor under proviso to Article 309
of the Constitution of India is legislative in character.
7.1 The Constitution Bench of the Supreme Court in the
matter of B.S.Yadav and others v. State of Haryana
and others1 has held that the power exercised by the
Governor under proviso to Article 309 of the Constitution
of India is legislative power and held as under:-