TEKRAJ VASANDI ALIAS K.L. BASANDHI versus UNION OF INDIA & OTHERS

TEKRAJ VASANDI ALIAS K.L. BASANDHI versus UNION OF INDIA & OTHERS

The Institute of Constitutional and Parliamentary Studies is not 'State' or an agency or instrumentality of the State within the meaning of Article 12 of the Constitution because its activities are not governmental business, its composition is primarily of individuals acting in personal capacity, its funding and control are not determinative due to lack of governmental business or public obligation, and usual tests to determine 'State' status under Article 12 do not conclusively apply to it.

Parties
Appellant: Tekraj Vasandi alias K.L. Basandhi; Respondents: Union of India & Others
Jurisdiction
India
Judgment Date
10 December 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Delhi High Court
Outcome
Appeal disposed of; order of dismissal set aside; proceedings restored to stage of enquiry.
Legal Topics
Definition of 'state' Under Article 12 of the Constitution, Writ Jurisdiction, Dismissal From Service, Disciplinary Proceedings
Constitutional Law Service Law Definition of 'state' Under Article 12 of the Constitution Writ Jurisdiction Dismissal From Service Disciplinary Proceedings

Case Brief

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Parties

Tekraj Vasandi alias K.L. Basandhi

Appellant

Union of India & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Delhi High Court

Legal Issues

  1. 1 Whether the Institute of Constitutional and Parliamentary Studies (ICPS) constitutes 'State' within the meaning of Article 12 of the Constitution.
  2. 2 Whether the appellant was entitled to challenge dismissal from ICPS by writ petition based on Article 12.

Ratio Decidendi

The Institute of Constitutional and Parliamentary Studies is not 'State' or an agency or instrumentality of the State within the meaning of Article 12 of the Constitution because its activities are not governmental business, its composition is primarily of individuals acting in personal capacity, its funding and control are not determinative due to lack of governmental business or public obligation, and usual tests to determine 'State' status under Article 12 do not conclusively apply to it.

Court Disposition

Appeal disposed of; order of dismissal set aside; proceedings restored to stage of enquiry.

Orders

  • The order of dismissal against the appellant is set aside and reinstated to the stage of enquiry.
  • The appellant shall be deemed to have been restored to service and is entitled to normal reliefs available upon such restoration; suspension stands vacated.