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Shri A.B.Krishna & Ors vs The State Of Karnataka & Ors on 14 January, 1998

I. Constitutional validity of the Central Staffing Scheme The appellant strongly urged that his case falls under the procedure prescribed in the Central Staffing Scheme, which is wholly unconstitutional and illegal. According to the appellant, the service conditions of IAS officers are governed by the provisions of the All India Services Act, 1951 (AIS Act) and the Rules framed thereunder. The appellant contended that it was not permissible for the Government of India to prescribe any procedure therefor other than by way of rules framed strictly in accordance with the AIS Act. In his submission, no executive order made in respect of a matter under Article 309 or 312 could be inconsistent with the statutory rules framed under the AIS Act. The Central Staffing Scheme was neither the provisions of any legislative enactment nor a supporting legislation framed under the AIS Act, and, therefore, to the extent of inconsistency with the said Act or the Rules framed thereunder, it was illegal. For this contention, the appellant relied on the judgment of this Court in G.K. Rao and Others v. S. Bhattacharya1 and A.B. Krishna v. State of Karnataka2.
Supreme Court of India Cites 7 - Cited by 57 - S S Ahmad - Full Document
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