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1983 Supreme(SC) 93

D.A.DESAI, V.BALAKRISHNA ERADI
Ajit Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
D.D.SHARMA, Hardayal Hardy, J.RAMAMURTHY, M.K.RAMAMURTHY, R.VAIGAI

Judgment

DESAI. J.:- These writ petitions under Article 32of the Constitution questioned the validity of the orders dispensing with service of each of the petitioner with immediate effect made by the Director, Local Government, Punjab dated September 25. 1980, as being violative of Arts. 14 and 16 of the Constitution.

2. The Punjab Town Improvement Act, 1922 (Act for short) was enacted to make provision for the improvement and expansion of towns in Punjab. The Act envisages the creation and constitution of Trusts and the Trusts so created will have a corporate personality with perpetual succession and a common seal. The duties and functions of the Trust inter alia include preparing of schemes under the Act for various purposes. Section 17 conferred power on the State Government to constitute certain services in the manner therein prescribed. One such service contemplated by the section was Punjab Service of Trust Executive Officers. Sub-section (2) of Section 17 conferred power on the State Government to make rules for regulating the recruitment and the conditions of service of members of the Trust Services constituted by the State Government. Armed with this power, the State Governm










































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