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1971 Supreme(SC) 55

A. N. GROVER, A. N. RAY, G. L. MITTAL, J. C. SHAH, K. S. HEGDE
BK. SARDARI LAL – Appellant
Versus
Union of India – Respondent


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 p







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