SARDARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of Civil Writs 954 of 1971, 211 to 218 of 1972, 249 to 251 of 1972 and 697 of 1972. The main question on which the decision of these petitions depends is as to nature, scope and amplitude of the power conferred on the President by Article 311(2)(c) of the Constitution.

(2.) The petitioners in these writ petitions were employees of the Delhi Police Force. On April 14, 1967 they were dismissed from service. Each order of dismissal purported to be under clause (c) of proviso to clause (2) of Article 311 of the Constitution and was signed by the Joint Secretary, Government of India in the Ministry of Home Affairs on behalf of the President of India. The petitioners challenged the validity of these orders, amongst others, on the ground that the President had no occasion to deal with their cases and the power under Article 311(2)(c) had not been exercised by him but by the Joint Secretary to the Government of India which he was not competent to do and hence the orders were had in law. In reply it was maintained that the Joint Secretary was competent to make the orders by virtue of the authority which he derived under the Government of India (Allocation of Business) Rules, 1961 made under Article 77(3) of the Constitution. This contention prevailed in the High Court but on appeal the Supreme Court held that the function in clause (c) of proviso to clause (2) of Article 311 could not be delegated by the President to any one else and that the President had to be satisfied personally that in the interest of the security of the State it was not expedient to hold the inquiry against the petitioners under Article 311(2). The orders were, therefore, quashed as illegal. ultra vires and void. The petitioners were thereupon reinstated and allowed to resume duties. Their arrears of pay etc. were also paid. By subsequent orders all dated June 5, 1971 the petitioners were again dismissed under Article 311(2)(c) without inquiry. These orders are being assailed in the present petitions.

(3.) All the orders are in identical terms. For example, order in C.W. 211 of 1972, Sardari Lal v. Union of India and others, reads as under :--