D. S. GAREWAL versus THE STATE OF PUNJAB AND ANOTHER

D. S. GAREWAL versus THE STATE OF PUNJAB AND ANOTHER

The adaptation of Article 312 by the President was valid under Article 392, empowering the provisional Parliament to enact the All India Services Act, and the Rules framed under the Act are valid. Delegation by Parliament to the Central Government was permissible and not excessive, and the Punjab Government was competent to institute disciplinary proceedings under the Rules.

Parties
Appellant: D. S. Garewal; Respondent No. 1: The State of Punjab; Respondent: Another (not specified); Intervener: B. Sen
Jurisdiction
India
Judgment Date
11 December 1958
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated July 30, 1958, of the Punjab High Court in Civil Writ Application No. 732 of 1958
Outcome
Appeal dismissed
Legal Topics
Constitutional Validity, Delegation of Legislative Power, All India Services Act, Disciplinary Proceedings
Constitutional Law Administrative Law Constitutional Validity Delegation of Legislative Power All India Services Act Disciplinary Proceedings

Case Brief

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Parties

D. S. Garewal

Appellant

The State of Punjab

Respondent No. 1

Another (not specified)

Respondent

B. Sen

Intervener

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated July 30, 1958, of the Punjab High Court in Civil Writ Application No. 732 of 1958

Legal Issues

  1. 1 Whether the All India Services Act (LXI of 1951) enacted by the provisional Parliament is constitutionally valid
  2. 2 Whether the President exceeded his power under Article 392 in amending Article 312
  3. 3 Whether the provisional Parliament was competent to enact the Act without compliance with the condition precedent under Article 312

Ratio Decidendi

The adaptation of Article 312 by the President was valid under Article 392, empowering the provisional Parliament to enact the All India Services Act, and the Rules framed under the Act are valid. Delegation by Parliament to the Central Government was permissible and not excessive, and the Punjab Government was competent to institute disciplinary proceedings under the Rules.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the State of Punjab