TMI Blog1969 (12) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... desh. A departmental enquiry was initiated against him on the basis of certain charges, by the Superintendent of Police, Surguja, on June 24, 1962. After holding the enquiry as prescribed by the Central Provinces and Bihar Police Regulations, the Superintendent of Police submitted his report to the Inspector-General of Police, Madhya Pradesh through Deputy Inspector-General of Police, Raipur. On the basis of the enquiry held by him, the Superintendent of Police concluded that the respondent was guilty of the charges leveled against him. He recommended his dismissal. After receiving the report of the Superintendent of Police, the Inspector General sent a copy of the same to the respondent and called upon him to show cause why he should not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crement for a period in excess of one year, a formal proceeding must be recorded, by the District Superintendent in the prescribed form, setting forth: (a) the charge; (b) the evidence on which the charge is based; (c) the defence of the accused; (d) the statements of his witnesses (if any). (e) the finding of the District Superintendent, with the reasons on which it is based; (f) the District Superintendent's final order or recommendation, as the case may be. 3. Regulation 229 prescribes that in cases where the District Superintendent is not empowered to pass a final order, he should forward his proposals for the dismissal, removal or compulsory retirement of an officer of and above the rank of Sub-Inspector to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that every person who is a member of civil service of a State or holds any civil pest in a State holds office during the pleasure of the Governor of a State. But the pleasure doctrine embodied therein is subject to the other provisions in the Constitution. Two other Articles in the Constitution which cut down the width of the power given under Article 310(1) are Articles 309 and 311. Article 309 provides that subject to the provisions of the Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State. Proviso to that Article says: Provided that it shall be competent for the President ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service' their Lordships are unable in the absence of any such special significance, to regard provisions which prescribe the circumstances under which the employer is to be entitled to terminate the service as otherwise than conditions of the service, whether these provisions are contractual or statutory; they are therefore of opinion that the natural meaning of the expression would include such provisions.'' In P. Balakotaiah v. The Union of India and Ors. [1958] S.C.R. 1052 this Court proceeded on the basis that a rule providing for the termination of the service of a railway official can be made in exercise of the powers conferred on the Government by Sections 241(2), 247 and 263(3) of the Government of India Act, 1935. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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