CiteTEXT
...under Article 318 of the Constitution and all other powers enabling him in that behalf. Clause (2) of the Punjab State Public Service Commission (Conditions of Service) (First Amendment) Regulations...the Governor under Article 318 of the Constitution, must be deemed to have come into effect from November 1, 1956, the appointed day, and therefore the appellant was upon that basis entitled to draw..., we may reproduce the operative part of the order dated August 10, 1972 issued by the Governor of Punjab under Article 318 of the Constitution bringing about a change in the law, which reads as follows...
...or commission of Respondent 3 to His Excellency the President of India for suitable action under Article 317(1) and (2) of the Constitution of India for his violation of Articles 14, 318 and 320(3) of....14. Then comes Article 318, which found in the same Chapter empowers the President or the Governor, as the case may be, by regulations —(a) to determine...to be placed before the Legislature of the State.18. Coming to the regulations which are made under Article 318 of the Constitution Part I thereof contains preliminary...
...Article 318 of the Constitution of India, contends that conditions of service of a member of the PPSC can not be varied to his dis-advantage...after his appointment, Article 318 along with proviso reads as under:—“318-In the case of the Union Commission or a Joint Commission, the President and, in the case of a State...that in itself is enough to disentitle the petitioner to any relief.7. After hearing learned counsel for the parties this Court is of the view that proviso to Article 318 does not...
...dt.11/09/2011 issued in exercise of the powers conferred by proviso to Article 309 read with clause (b) of Article 318 of the Constitution of India, amending various Service...clause (b) of Article 318 of the Constitution of India vide its notification which has come into force w.e.f 01/04/1997, the...
...Excellency Hon'ble Governor to frame regulations for selecting and appointing Chairman and members in State Public Service Commission as per the mandate of Article 318 of the Constitution of India for...the facts as above, what is pointed out is that the provisions relating to Article 318 of the Constitution of India have not received due attention of the Government and they are not issuing the...required under Article 318 of the Constitution of India.
5. Article 316 of the Constitution of India appears to provide the Constitutional framework for the purpose of...
...and Conditions of Service of Members and Staff) Regulations, 1957. These Regulations are framed by the Governor of Kerala in exercise of the power under Article 318 of the...the basis that recruitment is not a condition of service and therefore cannot fall within the scope of Regulations to be made under Article 318 of the Constitution by the...not recruitment, there is the inherent limitation in the power of the rule making authority under Article 318 to make any rule relating to recruitment. If regulation 12(3) is to be read as enabling...
...Article 318 of the Constitution of India. Article 318 of the Constitution of India is being extracted hereunder:“...disadvantage after his appointment.”In exercise of the power conferred under Article 318 of the...based on the proviso in clause (b) of Article 318 of the Constitution of India. In this behalf, it is the submission...
...regulated by the U.P Public Service Commission (Conditions of Service) Regulations, 1937 made under Section 265(2) of the Government of India Act, 1935 (corresponding to Article 318 of the Constitution) as...) Regulations, 1978 made by the Governor under Article 318 of the Constitution reads as follows:“20. Appointments to the gazetted ministerial posts other than those of...reasonable opportunity to produce evidence from his side and that, therefore, the punishment imposed on him was violative of Article 311(2) of the Constitution. Accordingly, the order of dismissal passed...
...power to retire from service the staff employed under the Commission; and that the Regulation framed by the Governor under Article 318 of the Constitution vests the power...on Regulation 16(3) of the Regulations framed by the Governor under Article 318 of the Constitution. So the short question for our decision is whether Regulation 16(3) of...the Regulations framed under Article 318 of the Constitution vests the power of the State Government referred to in Note 1 to Rule 285 of the Mysore Civil...
...existence a Public Service Commission for the State. Under Article 318 of the Constitution, the Governor of the State of Jharkhand, had the power to make regulations..., here, what happened was that as against the strength determined by the Regulations framed under Article 318 of the...envisaged by Article 315 of the Constitution, read with the Regulations framed under Article 318 of...
...connection with the affairs of the State”. Needless to say, having regard to the sweep of Article 318, persons employed in terms of the “conditions of service of members...
...(hereinafter referred to as the Regulations in short) as amended from time to time were ultra-vires of Article 318 of the Constitution of India.
3. Learned Advocate.../validity of the Regulation 6 of Haryana Regulation came up for consideration before the Punjab and Haryana High Court in Ram Phal Singh's case supra vis-à-vis Article 318 of the Constitution of India...protection envisaged by the proviso under clause (b) of Article 318 of the Constitution of India. There is an obvious justification for the aforesaid namely, had such members of the Public Service Commission...
...violation of Article 318 of the Constitution of India read with proviso to Article 320(3). The Government, by resorting to the executive instructions under Article 162 of the Constitution of India...conferred under Article 318 of the Constitution of India. The State Vigilance Commission in Tamil Nadu was formed in the year 1965 pursuant to the report of Sri K.Santhanam Committee. As....
Instruction No.96 of the Secretariat Instructions provides that before orders are issued amending the Governor's Regulations issued under Article 318 of the...
...afforded by Article 318 of the Constitution inasmuch as the Act has found place in the Ninth Schedule to the Constitution of India. The Manipur Act of...the competent Legislature to repeal or amend it if the necessity so arises.
8. It is contended by Mr. A. Nilamani Singh that the above protection of the Article 318 of...provisions contained in the Acts, the amended provision would not receive the protection of Article 318 of the Constitution and its validity may be liable to be examined on the...
.../- and that of Chairman to Rs. 24,500/- w.e.f 1.4.1997 vide notification dated 14.6.2000 consequent to amendment in Regulation 4 under Article 318 of the Constitution. The...revised in the ratio of 1:6. Then-by notification dated 3.9.2008 the Government, consequent to amendment made under Article 318 of the Constitution, substituted the figure.../- consequent upon’ amendment in Regulation 4 under Article 318 of the Constitution. However, ho corresponding amendment in Regulation 12 was made with respect to pension...
...statutory regulations framed in this behalf. Article 318(b) of the Constitution confers power upon the Governor to make regulations as to conditions of service of members and staff...proceedings. In exercise of powers under Section 265(2) of the Government of India Act, 1935 (Corresponding to Article 318 of the Constitution), the Governor framed the U.P Public...Commission in pursuance of the statutory regulations framed under Article 318 of the Constitution, even though the Commission is as such not an authority subordinate to the...
...Article 318(a) of the Constitution of India. In the year 2009, the then Chairman of the Commission, namely, Shri Dorji Dadul demitted office on attai...Article 318 of the Constitution of India. The Governor of Sikkim in exercise of power vested in him under...Article 318 of the Constitution framed the Sikkim Public Service Commission (Member) Regulations, 1983 as notified vide Notification No. 9(2) Home/82/3557 dated 13.01.1983 (Annexure P...
...appointed to civil service of the State. Article 315 provides that there shall be a Public Service Commission for the Union and a Public Service Commission for each State. Article 318 empowers the Governor...made by the Governor under Article 318 and their salaries are paid from the consolidated fund of the State. We are therefore of the view that the employees of the Public Service Commission are...services are as provided for under the Rules made under the Act or their service as provided for under the Rules made under the Act or other Rules made under the Article 309 of the...
...Commission, is violative of the proviso under clause (b) of Article 318 of the Constitution of India.13. A Division Bench of the Punjab and Haryana High Court placing reliance...Haryana State Government on 6-7-1994 in exercise of the powers conferred by Article 316 of the Constitution of India along with Ravinder Sharma and Ram Phal Singh as members of the Haryana PSC. On...appointed as Chairman of the Haryana PSC by the Governor of the State of Haryana in exercise of powers conferred under Article 316(1-A) of the Constitution of India. The conditions of service of the Chairman...
...Constitution. Article 318 of the Constitution of India provides that none of the Acts and Regulations specified in the 9th Schedule shall be deemed t...force.”7. In view of Article 318, inclusion of the Act in the 9th Schedule with effect from the date of its enactment irrespective of being inconsistent with fundamental rights its....8. Article 318 saves validity of the Acts enumerated in the 9th Schedule with prospective effect from the date of enactment of the respective laws and not from the date of enactment of...