K PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE controversies arising in this batch of cases are by way of sequel to three earlier decisions of this court in regard to the constitution of the Indian Forest Service viz. Kraipak v. Union of India AIR 1970 SC 150, Parvez Qadir v. Union of India 1975-2 SCR 432: (AIR 1975 SC 446) and Union of India v. Chothia (1978) 3 SCR 652 : (AIR 1978 SC 1214). A little historical background is, therefore, necessary to appreciate the problems before us.

(2.) A few months before India gained Independence, a decision was taken that one of the primary needs of the federal constitution envisaged for India would be the setting up of All India Services common to the Centre and to the States. The members were to be recruited from the intelligent youth of the country by competitive examinations of high standard. They were to be free from political control, contented and having a sense of security. The idea was to build up a bureaucracy consisting of efficient officers of integrity and impartiality who could man important administrative posts and make possible the continued governance of the country unaffected by periodical changes in the political set-ups in the Centre and various States consequent on quinquennial elections to the various legislatures in the country. The recruitment to these services and their ultimate disciplinary control was to be with the Union Government but the officers would serve, under the immediate control of the State Governments, on various State cadres. Initially, the All India Services viz. the Indian Administrative Service and the Indian Police Service were created to replace the former Indian Civil Service and Indian Police respectively. The statutory basis for the implementation of the above policy was provided by Chapter I of Part XIV of the Constitution (Articles 308 to 314) supplemented by the All India Services Act, 1951 (hereinafter referred to as "the Act") passed by Parliament as envisaged in Article 312 of the Constitution. The Act, initially applicable to the two Services above mentioned, was extended by Amendment Act 27 of 1963 to cover the constitution of three new All-India Services one of which was the Indian Forest Service ('I.F.S.', for short). S. 3 of the Act empowers the Government of India to make, after consultation with the State Governments, rules for the regulation of recruitment, and the conditions of service of persons appointed, to an All-India Service. Such rules are to be laid, as soon as possible after they are made and for not less than fourteen days before Parliament.

(3.) IT may be mentioned that the rules contemplate regulations being made by the Central Government in consultation with the State Government on various matters. Some of these regulations are also relevant :