CiteTEXT
....8. The said purported scheme of the State was not made in terms of Article 162 of the Constitution of India. It was by way of a circular letter dated 23-1-2001. The State, without...statute or the proviso appended to Article 309 of the Constitution of India laying down the mode and manner in which the recruitment would be given effect to, even no order under Article 162 of the...Constitution of India can be made by way of alterations or amendments of the said rules. A fortiori if the recruitment rules could not be amended even by issuing a notification under Article 162 of the...
...advanced in this Court that under Article 162 of the Constitution regularisation would in itself be a mode of exercise of power of appointment of the Executive Government. Regularisation was said to have the...1958, and thereafter he was appointed under Article 162 of the Constitution because of his qualifications. It will appear from the affidavit evidence that the appellant in 1957 was Principal of the.... It was contended on behalf of the State that under Article 309 of the Constitution the State has power to make a rule regularising the appointment. Shelter was taken behind Article 162 of the...
...they are rules issued under Article 162 of the Constitution. Now Article 162 provides that “executive power of a State shall extend to the matters with respect to which the legislature of the State has...therefore of opinion that Article 162 does not confer any power on the State Government to frame rules and it only indicates the scope of the executive power of the State. Of course, under such executive...which the Code is concerned; nor has any provision of the Constitution been pointed out to us under which these instructions can be issued as statutory rules except Article 162. But as we have already...
...circular letter furthermore is not a statutory instrument. It was not even issued by the State in exercise of the power under Article 162 of the Constitution of India. Even a scheme issued under Article...State in exercise of its jurisdiction under Article 162 of the Constitution of India would be illegal and without jurisdiction. In...this Court has opined:“45. No regularisation is, thus, permissible in exercise of the statutory power conferred under Article 162 of the Constitution if the...
..., 3164, 3254, 3630-31, 3686, 3783, 3816, 4816, 4829-31, 4836-38, etc. of 1981, decided on November 5, 1981Constitution of India — Article 162 — Executive...provision
(Paras 20, 22 and 27)
Constitution of India—Article 162 — Executive power of State in respect of search and seizure — Extent of, depends upon facts and circumstances in each case...Constitution of India—Articles 162, 19(1)(g), 19(6), 301, 302, 300-A and 32 — Executive action under Article 162 must be based on rule of law and restrictions imposed thereby must be reasonable — Teleprinter...
...(2004) 7 SCC 112 wherein this Court opined:“45. No regularisation is, thus, permissible in exercise of the statutory power conferred under Article ...have been made even in terms of Article 162 of the Constitution of India.9. In view of the aforementioned decisions of this Court, we are of the opinion that the impugned judgment cannot be sustained a...daily wages and in violation of the statutory rules or the Rules framed under the proviso appended to Article 309 of the Constitution of India, being void ab initio and thus nullities and hence the...
...always open to the State to provide guidelines for transfer by passing executive orders under Article 162 read with Article...Article 162 of the Constitution of India and since Rules could not be framed under the Karnataka State Civil Services Act, 1978,...Act.”Article 162 of the Constitution of India deal with the extent of executive power of the State...
...relied upon the terms of Article 162 of the Constitution, and the decision of this Court in Rai Sahib Ram Jawaya Kapur v. State of Punjab...subject in respect of which action is taken Article 162 provides that subject to the provisions of the Constitution, the executive power of a State shall extend to the matters with respect to which the...Legislature of the State has power to make laws. But Article 162 and Article 73 are concerned primarily with the distribution of executive power between the Union on the one hand and the States on the...
...where the roads were damaged.
(4) It is also argued that the scheme was framed under executive power of a state as provided in article 162 of the constitution of india and not under...to make scheme. It was also held that the definition itself postulates the scheme is one which is made in exercise of its executive power of a state as prescribed on article 162 of the constitution of...could not be formulated but same could be followed and was made under executive power of the state as per article 162 of the constitution. Such is not the position after amendment in order, 1960...
...requirement of Article 162 read with Article 166 of the Constitution. In the instant case, the directions were purported to have been issued by an officer of the State. Such directions were not shown to...circular letter has not been issued by the State in exercise of its power under Article 162 of the Constitution of India. It is not stated therein that the decision has been taken by the Cabinet or any...:“45. No regularisation is, thus, permissible in exercise of the statutory power conferred under Article 162 of the Constitution if the appointments have been made in...
...:“42. The said circular letter has not been issued by the State in exercise of its power under Article 162 of the Constitution of India. It is not stated therein that the decision has been...:“41. Such a decision on the part of the State Government must be taken in terms of the constitutional scheme i.e upon compliance with the requirement of Article 162 read with Article 166 o...decision of the State Government must be in compliance with the requirement of Article 162 read with Article 166 of the Constitution and a direction issued by an officer of the State without following...
...behalf of the State that a rule under Article 309 for regularisation of the appointment of a person would be a form of recruitment read with reference to power under Article 162 is unsound and...unacceptable. The executive has the power to appoint. That power may have its source in Article 162. In the present case the rule which regularised the appointment of the respondent with effect from 15-2-1958..., notwithstanding any rules cannot be said to be in exercise of power under Article 162. First, Article 162 does not speak of rules whereas Article 309 speaks of rules. Therefore, the present case...
...of its jurisdiction under Article 162 of the Constitution of India would be subservient to the recruitment rules framed by the State either in terms of a legislative Act or the proviso appended to...statutory power conferred under Article 162 of the Constitution if the appointments have been made in contravention of the statutory rules.”14. The...Article 309 of the Constitution of India. A purported policy decision issued by way of an executive instruction cannot override the statute or statutory rules far less the constitutional provisions...
...contained in Articles 14 and 16 of the Constitution of India must be given primacy. No policy decision can be taken in terms of Article 77 or Article 162 of the Constitution of India which would run...emphasised that when rules framed under Article 309 of the Constitution are in force, no regularisation is permissible in exercise of the executive powers of the Government under Article 162 of the...exercise of the statutory (sic executive) power conferred under Article 162 of the Constitution if the appointments have been made in contravention of the statutory rules...
...behalf in terms of the Rules of Executive Business framed under Article 166 of the Constitution of India insofar as such a power has to be exercised in terms of Article 162 thereof. Once a sanction is....”10. The State of Punjab in exercise of its jurisdiction under Article 162 of the Constitution of India framed the Rules of Executive Business. Pursuant to Rules 18 and 19 thereof, the...terms of clause (3) of Article 166 of the Constitution of India all orders of the Government must be issued in the name of the Governor. Such orders, however, may be signed by any authorities specified...
...to Article 162 of the Constitution of India.8. Mr Sudhir Chandra, learned Senior Counsel appearing on behalf of the respondents, on the other hand, contended that the...the Constitution of India, such power must be held to exist under Article 162 thereof.9. Article 165 of the Constitution of India reads thus..., unable to agree with the submission of Mr Hardev Singh to the effect that the appointments of Additional Advocate Generals cannot be traced to the source of the State's power under Article 162 of the...
...Rules framed thereunder. Before the High Court source of the power of the State to issue the said GOMs No. 86 dated 12-3-2001 was traced to Sections 182 and 170 of the 1983 Act as also Article 162 of the...other. It is not a case where the Government directed the Registrar to make an enquiry against a person in the public interest. Article 162 of the Constitution of India provides for extension of...executive power to the matters with respect of which the legislature of the State has power to make laws. Article 162 of the Constitution by no stretch of imagination is attracted as the source of the...
...the State under Article 162 of the Constitution has power to exercise executive power to make ad hoc appointments.7. Existence of statutory rules is not a condition...precedent to appoint an eligible and fit person to a post. The executive power is co-extensive with legislative power of the State and under Article 162, the State can create civil posts and fill them up...Article 162 to regularise the ad hoc appointments under the Rules. Rule 9(3) empowers only to relax the qualification of age in particular exigencies which cannot be called in aid to relax the rules...
...reliance upon Article 162 of the Constitution and held that the Rules, though framed under Section 65 of the Maharashtra Act could as well be treated as framed in exercise of powers under Article 162 of...covered under Entry 66 of List I. He further submitted that the view of the High Court that the State action fell under Article 162 of the Constitution in framing the relevant Rules, is plainly...admission procedure.19. Therefore, the State could not have enacted any legislation in that regard. If that is so, neither in exercise of executive power under Article 162 of...
...contention was raised and accepted by the Division Bench that the State under Article 162 of the Constitution has power to exercise executive power to make ad hoc appointments...under Article 162, the State can create civil posts fill them up according to executive instructions consistent with Articles . 14 and 16 of the Constitution. It is settled...notice. No express power was conferred and in fact cannot be conferred to relax the rules of recruitment. Having made the Rules the executive cannot fall back upon its general power under Article 162 to...