Judgement

RAY, C. J.:- These two appeals are from the judgment of the Punjab and Haryana High Court.

2. The Appellants joined the Punjab Civil Service (Judicial Branch). They were both on probation.

3. By an order dated 27 April, 1967 the services of the appellant Samsher Singh were terminated. The order was as follows:

"The Governor of Punjab is pleased to terminate the services of Shri Samsher Singh, Subordinate judge, on probation, under Rule 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 with immediate effect. It is requested that these orders may please be conveyed to the officer concerned under intimation to the Government.

4. By an order dated 15 December, 1969 the services of the appellant Ishwar Chand Aggarwal were terminated. The order was as follows:-

"On the recommendation of the High Court of Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar Chand Agarwal, P.C.S. (Judicial Branch), with immediate effect, under Rule 7(3) in Part `D of the Punjab Civil Services (Judicial Branch) Rules, 1951, as amended from time to time.

5. The appellants contend that the Governor as the constitutional or the formal head of the State can exercise powers and functions of appointment and removal of members of the Subordinate Judicial Service only personally. The State contends that the Governor exercises power of appointment and removal conferred on him by or under the Constitution like executive powers of the State Government only on the aid and advice of his Council of Ministers and not personally.

6. The appellants rely on the decision of this Court in Sardari Lal v. Union of India, (1971) 3 SCR 461 where it has been held that where the President or the Governor, as the case may be, if satisfied, makes an order under Article 311(2) proviso (c) that in the interest of the security of the securily of the State it is not expedient to hold an enquiry for dismissal or removal or reduction in rank of an officer, the satisfaction of the President or the Governor is his personal satisfaction. The appellants on the authority of this ruling contend that under Art. 234 of the Constitution the appointment as well as the termination of services of Subordinate Judges is to be made by the Governor personally.

7. These two appeals were placed before a larger Bench to consider whether the decision in Sardari Lal s case (1971) 3 SCR 461 (supra) correctly lays down the law that where the President or the Governor is to be satisfied it is his personal satisfaction.

8. The appellants contend that the power of the Governor under Article 234 of the Constitution is to be exercised by him personally for these reasons.

9. First, there are several constitutional functions, power and duties of the Governor. These are conferred on him eo nomine the Governor. The Governor, is, by and under the Constitution, required to act in his discretion in several matters. These constitutional functions and powers of the Governor eo nomine as well as those in the discretion of the Governor are not executive powers of the State within the meaning of Article 154 read with Article 162.

10. Second, the Governor under Article 163 of the Constitution can take aid and advice of his Council of Ministes when exercising executing power of the State. The Governor can exercise power and functions without the aid and advice of his Council of Ministers when he is required by or under the Constitution to act in his discretion, where he is required to exercise his constitutional functions conferred on him eo nomine as the Governor.

11. Third, the aid and advice of the Council of Ministers under Art. 163 is different from the allocation of business of the Government of the State by the Governor to the Council of Ministers under Article 166 (3) of the Constitution. The allocation of business of Government under Article 166(3) is an instance of exercise of executive power by the Governor through his council by allocating or delegati