KARNATAKA ELECTRICITY BOARD versus GULAM MOHIUDDIN

KARNATAKA ELECTRICITY BOARD versus GULAM MOHIUDDIN

Statutory regulations under s. 79(c) of the Electricity (Supply) Act, 1948 requiring passing of the SAS examination for promotion control over Board resolutions; the respondent was not exempted as an allottee because neither the 1969 nor 1970 Board resolutions amended or relaxed the statutory requirement.

Parties
Appellant: Karnataka Electricity Board; Respondent: Gulam Mohiuddin
Jurisdiction
India
Judgment Date
12 April 1977
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Regulations, Promotion of Employees, Interpretation of Board Resolutions, Requirement of Departmental Examinations for Promotion
Service Law Administrative Law Electricity Law Statutory Regulations Promotion of Employees Interpretation of Board Resolutions Requirement of Departmental Examinations for Promotion

Case Brief

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Parties

Karnataka Electricity Board

Appellant

Gulam Mohiuddin

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether statutory regulations framed under s. 79(c) of the Electricity (Supply) Act, 1948 for recruitment and promotion can be overridden or relaxed by administrative resolutions of the Board
  2. 2 Whether the respondent (an allottee) was exempted from passing the SAS examination for promotion to Accounts Superintendent

Ratio Decidendi

Statutory regulations under s. 79(c) of the Electricity (Supply) Act, 1948 requiring passing of the SAS examination for promotion control over Board resolutions; the respondent was not exempted as an allottee because neither the 1969 nor 1970 Board resolutions amended or relaxed the statutory requirement.

Court Disposition

Appeal allowed

Orders

  • Judgment of the lower appellate court (High Court) set aside
  • Judgment of the Single Judge restored