1960 (11) TMI 116 - SC - Indian Laws

Whether the power of the Governor under Art. 310 to terminate the services of a Government servant at pleasure is part of the executive power of the State under Art. 154 of the Constitution?

Held that:- Paragraph 489 only empowers the holding of a departmental trial in regard to a police officer only after a police investigation under the Criminal Procedure Code. When a rule says that a departmental trial can be held only after a police investigation, it is not permissible to hold that it can be held without such investigation. For all the foregoing reasons, we hold that para. 486 is mandatory and that, as the investigation has not been held under chapter XIV of the Criminal Procedure Code, the subsequent inquiry and the order of dismissal are illegal.

For the foregoing reasons we hold that, as the respondent was dismissed without complying with the provisions of para. 486(1), the order of dismissal is illegal and that the High Court is right in setting aside the order of dismissal. In the result, the appeal fails and is dismissed