Judgment

GROVER, J.

( 1 ) THIS is an appeal by certificate from a common judgment of the Delhi High Court which disposed of a batch of 14 petitions under Article 226 of the Constitution- The question involved is of importance and relates to the exercise of powers expressly conferred on the President by clause (c) of the proviso to Article 311 (2) of the Constitution

( 2 ) ON 14/04/1967, the appellant and 17 other members of the Delhi Police Force were dismissed from service. The order dismissing the appellant is reproduced below :

( 3 ) IT was common ground before the High Court and has not been disputed before us that the President had no occasion to deal with the case of the appellant himself and the order was made by Shri Venkataraman, Joint Secretary to the Government of India in the Ministry of Home Affairs. It was claimed by him that he was competent to make the order 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 Before the High Court, the controversy was confined to the narrow point whether the function which is to be performed by the President under Clause (c) of the proviso to Article 311 (2) could be performed by the authority to whom such function had been allocated under the aforesaid Rules. The High Court negatived the contention raised on behalf of the appellant that such a function could not have been delegated by the President to any other authority. The High Court also relied on the provisions of Article 77 (2) which provides for the authentication of orders made in the name of the President.

( 4 ) UNDER Article 53 (1) the Executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution Article 77 (1) lays down that all executive action of the Government of India shall be expressed to be taken in the name of the President. Clause (3) of that Article enables the President to make rules for the more convenient transaction of the business of the Government of India. Chapter I of Part XIV contains inter alia the three main provisions relating to the Services. Articles 309, 310 and 311 may be set out to the extent necessary. "309. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:"provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. ""310 (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the Union or of an all India service or holds any post connected with defence or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.

( 5 ) THESE Articles have come up for consideration before this Court in several cases and in connection with diverse points. The view that has been taken with regard to their true content, scope and inter-connection and the nature of the power exercisable under them is that while Article 310 provides for the tenure at the pleasure of the President or the Go