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PETITIONER: D. S. GAREWAL
Vs.
RESPONDENT: THE STATE OF PUNJAB AND ANOTHER
DATE OF JUDGMENT: 11/12/1958
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. DAS, SUDHI RANJAN (CJ) DAS, S.K. GAJENDRAGADKAR, P.B. HIDAYATULLAH, M.
CITATION: 1959 AIR 512 1959 SCR Supl. (1) 792 CITATOR INFO : RF 1967 SC 212 (26) R 1968 SC 754 (20) RF 1970 SC 150 (11) RF 1973 SC1461 (450,566) RF 1975 SC 446 (6) R 1982 SC1126 (9,11) R 1983 SC 937 (32) F 1985 SC 421 (26)
ACT: All-India Services-Act passed by provisional Parliament- Constitutional validity-Presidents’ power of adaptation- Parliament, if authorised to delegate power to Central Government-Rules, validity of-Institution of enquiry- Competence of the State Government All-India Services Act (LXI of 1951), ss. 3, 4-- All India Services (Discipline and Appeal) Rules, r.5 --Constitution of India, Arts. 312, 392.
HEADNOTE: The point for determination in this appeal was whether the All India Services Act, (LXI of 1951), enacted by the provisional Parliament, was a constitutionally valid legislation. As there was only one House during the transitional period, the President in exercise of his powers under Art. 392 of the Constitution passed the Constitution (Removal of Difficulties) Ord...