JEEWANPURI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE second appeal before me which is by civilian employee of the Defence Department raises the question whether such an employee can challenge the order of his dismissal from service in a civil court.

(2.) JEEWANPURI was appointed as a 'laskar' in the grade of 304--1/2-35 in March, 1952 in Wing No. 3, Indian Air Force Station at Palam by the Commanding Officer of the Wing. In March, 1955 he acquired quasi permanent status. In October, 1957 he came to be transferred to the Air Force Flying College, at Jodhpur on a similar post. At Jodhpur he organised a union of class IV civilians and became its Secretary. This union came to be affiliated with the Indian National Trade Union Congress. On account of his activities the plaintiff came to be served with certain charges, an enquiry was made against him and finally he was visited with the punishment of removal and dismissal from service on the charges framed against him.

(3.) SUBBARAO J. as he then was, summarised it in para 22 of the judgement as follows: "the discussion yields the following result (l) In India every person who is a member of a public service described in Art. 310 of the Constitution holds office during the pleasure of the President or the Governor, as the case may be, subject to the express provisions therein. (2) The power to dismiss a public servant at pleasure is outside the scope of Art. 154 and, therefore, cannot be delegated by the Governor to a subordinate officer, and can be exercised by him, only in the manner prescribed by the Constitution. (3) This tenure is subject to the limitations or qualifications mentioned in Art. 311 of the Constitution. (4) The Parliament or the Legislatures of State cannot make a law abrogating or modifying this tenure so as to impinge upon the overridd-en power conferred upon the President or the Governor under Art. 310, as qualified by Art 311. (5) The Parliament or the Legislatures of States can make a law regulating the conditions of service of such a member which includes proceedings by way of disciplinary action, without affecting the powers of the President or the Governor under Art. 310 of the Constitution read with Art. 311 thereof. (6) The Parliament and the Legislatures also can make a law laying down and regulating the scope and content of the doctrine of "reasonable opportunity" embodied in Art. 311 of the Constitution; but the said law would be subject to judicial review. (7) If a statute could be made by Legislatures within the foregoing permissible limits, the rules made by an authority in exercise of the power conferred thereunder would likewise be efficacious within the said limits. " It will be evident from the above that under Art. 310 of the Constitution it is the President's or the Governor's pleasure,as the case may be, to appoint or dismiss a Government servant and it can be subject only to the express provisions of the Constitution, namely, Art. 311 thereof and further this pleasure can be exercised only by the President or the Governor as the case may be and cannot be delegated to any subordinate officer.