STATE OF SIKKIM versus DORJEE TSHERING BHUTIA AND ORS.

STATE OF SIKKIM versus DORJEE TSHERING BHUTIA AND ORS.

Where statutory rules are rendered inoperative due to absence of requisite mechanism (such as Public Service Commission), the State Government is entitled to exercise its executive power under Article 162 to make necessary appointments, and such action is valid so long as the statutory provisions are non-operative. Once the Public Service Commission is constituted, compliance with relevant statutory procedures is expected, and the subsequent approval by the Commission validates the appointments.

Parties
Appellant: State of Sikkim; Respondent: Dorjee Tshering Bhutia; Appellants: Selected Officers
Jurisdiction
India
Judgment Date
20 August 1991
Procedural Posture
Civil Appeal / Appeal From Sikkim High Court Judgment in W.p. No. 1 of 1983
Outcome
Appeals allowed; High Court judgment set aside; writ petition dismissed.
Legal Topics
Exercise of Executive Power Under Article 162, Recruitment to Civil Services, Validity of Government Notification, Operation of Statutory Rules, Consultation With Public Service Commission
Constitutional Law Administrative Law Civil Service Law Exercise of Executive Power Under Article 162 Recruitment to Civil Services Validity of Government Notification Operation of Statutory Rules Consultation With Public Service Commission

Case Brief

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Parties

State of Sikkim

Appellant

Dorjee Tshering Bhutia

Respondent

Selected Officers

Appellants

Procedural Posture

Civil Appeal / Appeal From Sikkim High Court Judgment in W.p. No. 1 of 1983

Legal Issues

  1. 1 Whether the State Government could exercise executive power under Article 162 for recruitment when statutory provisions were non-operative due to the absence of Public Service Commission
  2. 2 Whether the notification for special recruitment violated Sikkim State Civil Service Rules, 1977
  3. 3 Whether Rule 4(3) of the Rules constituted excessive delegation

Ratio Decidendi

Where statutory rules are rendered inoperative due to absence of requisite mechanism (such as Public Service Commission), the State Government is entitled to exercise its executive power under Article 162 to make necessary appointments, and such action is valid so long as the statutory provisions are non-operative. Once the Public Service Commission is constituted, compliance with relevant statutory procedures is expected, and the subsequent approval by the Commission validates the appointments.

Court Disposition

Appeals allowed; High Court judgment set aside; writ petition dismissed.

Orders

  • Set aside High Court judgment quashing notification and selection.
  • Dismiss writ petition by Dorjee Tshering Bhutia.