UNION OF INDIA versus GURBAKSH SINGH & ANOTIIER

UNION OF INDIA versus GURBAKSH SINGH & ANOTIIER

Since the post of Assistant Settlement Commissioner under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, was sanctioned by the President of India and the appointment was made by the Central Government, only the Central Government had the authority to terminate such appointment; an order of termination from the State Government was ineffectual and invalid.

Parties
Appellant: Union of India; Respondent No. 1: Gurbaksh Singh
Jurisdiction
India
Judgment Date
05 February 1975
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Decision in Civil Regular First Appeal No. 324 of 1961
Outcome
Appeal dismissed.
Legal Topics
Termination of Service, Appointment and Removal of Public Servants, Authority of State and Central Government, Interpretation of Statutes
Administrative Law Employment Law Constitutional Law Termination of Service Appointment and Removal of Public Servants Authority of State and Central Government Interpretation of Statutes

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Parties

Union of India

Appellant

Gurbaksh Singh

Respondent No. 1

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Decision in Civil Regular First Appeal No. 324 of 1961

Legal Issues

  1. 1 Which authority was entitled to terminate the service of the first respondent—the Central Government or the State Government of Punjab?
  2. 2 Was the order of termination passed by the State Government invalid?

Ratio Decidendi

Since the post of Assistant Settlement Commissioner under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, was sanctioned by the President of India and the appointment was made by the Central Government, only the Central Government had the authority to terminate such appointment; an order of termination from the State Government was ineffectual and invalid.

Court Disposition

Appeal dismissed.

Orders

  • High Court decree upheld; first respondent entitled to arrears of salary and allowances up to February 18, 1959, amounting to Rs. 22,927.34P.
  • Costs awarded in favour of the first respondent.