Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Services Regulations 1975 - Regn. 351-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Civil Services Regulations, 1975 - Regn. 351-A - Sanction under - For initiation of disciplinary proceedings - Granted by the Minister-in-charge of the concerned Department, and not by the Governor himself - Validity of the sanction - Held: Per T.S. Thakur, CJI: The power to direct disciplinary proceedings against an in- service or retired employee is an executive function to be discharged by the State Government - Jn terms of the Business of Uttar Pradesh (Allocation) Rules and U.P. Rules of Business, I 975, the said function stands allocated to the Ministercin-charge of the concerned department - The sanction so made was in law and in the constitutional scheme an order passed by the Governor of the State within the meaning of regn. 35JA and hence valid in law - Per V. Gopala Gowda, J: 1975 Regulations have been framed by the ·Governor in exercise of legislative power u/Art .. 309 of Constitution · - The same is distinct from his executive power under Art. I 66 of Constitution whereunder Business Transaction Rules were framed - The power under Regn. 351-A of 1975 Regulations can be delegated by the Governor , But such delegation cannot be under Business Transaction Rules - Jn the absence of any evidence to show that the Government had delegated his power to the Minister concerned, under Regn. 351-A to accord sanction, the sanction granted by the Minister cannot be said to be a valid sanction and hence cannot be sustained in law - Per Court: In view of difference of opinion, matter to be placed before appropriate Bench - Uttar Pradesh Business Transaction Rules, 1975 - Constitution of India - Arts, 154, 163, 166 and 309. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 934 |
Petitioner | State Of U.p. And Ors. |
Respondent | Z.u. Ansari |
SCR | [2016] 6 S.C.R. 956 |
Judgement Date | 2016-09-30 |
Case Number | 9886 |
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