Court : Andhra Pradesh
Reported in : 2004(2)ALD855; 2004(2)ALT663
..... . the all india service act, 1951 (central act 61 of 1951) which came into force from 29.10.1951, was enacted to regulate the recruitment and conditions of service of persons appointed to the all india service common to the union and the state.25 ..... . in farooqi's case(supra), the question that came up before the supreme court was whether jammu and kashmir government servants prevention of corruption (commission) act, 1962 was repugnant to the provisions of all india service act, 1951 and the all india services (discipline and appeal) rules, 1955. mr ..... . therefore, the provisions of act 11 of 1983 dealing with the conducting of preliminary verification and investigation against all india service officers is repugnant to the procedure provided under the central rules framed under section 3(1) of the all india services act, 1951 ..... . delving into the substantial controversy with regard to certain provisions, the learned 'single judge referred to the crucial provision that was to be tested in the light of act 61 of 1951 namely all india service act, 1951 ..... . thus, the learned single judge has held that the act 11 of 1983 to the extent it empowers the lok ayukta to conduct preliminary inquiry and investigation into the conduct of the members of all india service officers or repugnant to act 61 of 1951 and the rules framed thereunder rendering them thereby ultra vires of the constitution calling for the striking down and accordingly quashed preliminary report and also set aside g.o. ms. no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT666
..... therefore, the provisions of act 11 of 1983 dealing with the conducting of preliminary verification and investigation against all india service officers is repugnant to the procedure provided under the central rules framed under section 3(1) of the all india services act, 1951. ..... the all india services act, 1951 was brought-in by the parliament under article 312(1) of the constitution of india and this enactment is referable to entry 70 of list i of the vii schedule to the constitution. ..... , the all india services act, 1951.37. ..... the legislative power to pass act 11 of 1983 is traceable to entry 45 of list iii and according to the learned advocate general the act does not deal with the conditions of service of of all india service officers and therefore there is absolutely no conflict or repugnancy between act 61 of 1951 and act 11 of 1983. ..... the high court held that the members of all india services serving in the state are governed by act of 1951 and rules made thereunder and the commission act was not applicable to them. ..... therefore, the provisions of act 11 of 1983 to the extent they empower the lokayukta to conduct preliminary verification and investigation into the conduct of members of all india service are repugnant to act 61 of 1951 and the rules framed thereunder rendering them thereby ultra vires of the constitution calling for their striking down.68. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2456; JT1997(3)SC184; 1997(2)SCALE428; (1997)9SCC525; [1997]2SCR323; 1997(1)LC659(SC)
..... government to provide for residuary matters : the central government may after consultation with the governments of the state concerned, make regulations to regulate in matters relating to conditions of service of person appointed to all india service for which there is no provision in the rules made or deemed to have been made under the all india services act, 1951 (61 of 1951) and until said regulations are made such matters shall be regulated :(a) xxxx xxxx xxxx(b) in the case of persons serving in connection with the affairs of state ..... a reading thereof would clearly indicate that the central government, after consultation with the government of the state concerned, may make regulations to regulate, in matters relating to conditions of service of persons appointed to all india service, for which there is no provision in the rules made or deemed to have been made under the all india services act, 1951 until the said regulations are made and such matters shall be regulated. ..... , by the rules, regulations and orders applicable to officers of the state civil service class i subject to such exceptions and modifications as the central government may, after consultation with the state government .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)MhLj760
..... issued by this court, their would be two directors general of police in the state of maharashtra on and from 26th september 2003 and that this would be contrary to the provisions of the all india services act, 1951 read with the indian police service (cadre) rules, 1954 and the indian police service (fixation of cadre strength) regulations, 1955 which provide that for the state of maharashtra their shall be one post of director general and inspector general of police. ..... section 2 of the all india services act, 1951, defines the expression 'an all india service' to mean the services known as the indian administrative service, the indian police service, or any other service specified in section 2-a ..... , there is absolutely no question of the court having passed or issued any directions in violation of the provisions of the all india services act, 1951, the i.p.s. ..... 3 empowers the central government to make rules for the regulation of recruitment and conditions of service of persons appointed to an all india service. ..... section 2(11) of the bombay police act, 1951 defines the expression 'police officer' to men any member of the police force appointed or deemed to be appointed under the act, and includes a special or an additional police officer appointed under section 21 or ..... puri, retired director general of police will exercise all powers exercisable by the director general of police as if he is in service in terms of the above mentioned high court orders in respect of stamps scam cases in .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR591; 2008(4)BomCR688
..... -where the central government is satisfied that the operation of(i) any rule made or deemed to have been made under the all india services act, 1951 (61 of 1951), or(ii) any regulation made under any such rule, regulating the conditions of service of persons appointed to an all india service causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule or regulation, as the case may be, to such extent and subject to such exceptions and conditions as it may consider necessary ..... section 3 of the all india services act, 1951 also empowers the central government to make rules for regulation of recruitment and conditions of service of persons appointed in service after consultation with the government of the state concerned ..... the petitioners have further pleaded that no credible mechanism to decide matters related to extension of the incumbents has been followed and their extensions are contrary to the all india services (death-cum-retirement benefits) rules, 1958, and all india services (conditions of service residuary matters) rules, 1960, where they ought to have superannuated on attaining the age of superannuation. ..... court held thus:government must be satisfied, not subjectively but objectively, that any rule or regulation affecting the conditions of service of a member of the all india service causes undue hardship, then the inequitous consequence thereof may be relieved against by relaxation of the concerned rule of regulation. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR513; 2009(111)BomLR3053
..... where the central government is satisfied that the operation of - (i) any rule made or deemed to have been made under the all india services act, 1951 (61 of 1951), or (ii) any regulation made under any such rule, regulating the conditions of service of persons appointed to an all india service causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule or regulation, as the case may be, to such extent and subject to such exceptions and ..... us that the said circular has no application to the members of indian administrative service whose conditions of service are controlled by the all india services act, 1951 and for whom the central government is the competent authority. ..... all india service act, 1951, it is specifically provided that the central government may after consultation with government of the states concerned make rules for regulation of recruitment and conditions of service of the persons appointed to all india service ..... 3 of the all india services act, 1951 also empowers the central government to make rules for regulation of recruitment and conditions of service of persons appointed in service after consultation with the ..... according to this petitioners, the extension is only for political reason and is not covered under rule 16(1) of the all india services (deathcumretirement benefit ) rules, 1958 ( hereinafter referred to as the said 'rules' ) and no extension in any case could be granted exceeding a period of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1596; 49(1980)CLT174(SC); 1979LabIC1124; (1979)IILLJ431SC; (1979)3SCC553; [1980]1SCR24
..... as at present advised, we are inclined to think that their conditions of service are regulated by the provisions of all india services act, 1951 and the various rules and regulations framed thereunder, such as indian administrative service (recruitment) rules, 1954, indian administrative service (cadre) rules, 1954, indian administrative service (pay) rules, 1954, indian administrative service (regulation of seniority) rules, 1954, indian administrative service (appointment by promotion) regulation, 1955, all india services (discipline & appeal) rules, 1955 and 1969, all india services (conditions of service-residuary matters) rules, 1960 etc. ..... even assuming that the provisions in the fundamental rules would continue to apply to a member of the indian administrative service in regard to which no specific provision is made by framing a rule under the all india services act, 1951 and, therefore, the appellant was still governed by f.r. ..... thereafter, the all india services (conditions of service-residuary matters) rules, 1960 were framed, and by rule 3 the central government were conferred power to relax the rules and regulations regulating the conditions of service appointed to an all india service, in any particular case, on the ground 'undue hardship', as they may consider it necessary 'for dealing with the case in a just and equitable manner. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2001(88)FLR734]; JT2001(1)SC268; 2000(8)SCALE102; [2000]Supp5SCR450; (2001)1UPLBEC613
..... in exercise of powers conferred under sub-section (1) of section 3 of the all india services act, 1951 [hereinafter called 'the act'] in consultation with the state governments, framed a set of rules called the indian police service (cadre) rules, 1954 [hereinafter referred to as 'the cadre rules]. ..... statutory in nature, having been framed by central government in exercise of powers under sub-section (1) of section 3 of the all india services act, 1951. ..... the court observed that the state government and the central government should strictly comply with the provisions in making recruitment by promotion from the state service to the all india services and if laxity has to be given legitimacy and deemed relaxation is extended, it would not only upset the smooth working of the rules but also undo the prescribed ratio between ..... we, accordingly set aside the impugned orders of the tribunal and direct the union government as well as the state government to reconsider the question of promotion of the state cadre officers to the indian police service on the basis of the re-determined strength of the cadre, treating the same to be in the year 1989 and if on such a reconsideration relief would be available to any of the appellants for promotion to the ips on ..... ' would also mean within a reasonable period and in the case in hand, in fact there has been no explanation at all, coming from the union of india as to why the triennial review could not be held in due time in the year 1987.5. dr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1469; (2004)2CALLT17(SC); 2004(2)CTC196; JT2004(1)SC88; 2004(1)KLT708(SC); (2004)3MLJ19(SC); 2004(1)SCALE285; (2004)2SCC105; 2004(86)SLJ1(SC); (2004)1UPLBEC507
..... conferred by sub-section (1) of section 3 of the all india services act 1951, the central government, in consultation with the governments of the states concerned, framed the all india services (discipline and appeal) rules. ..... central administrative tribunal (ernakulam bench) seeking direction against the respondents not to terminate the service of the appellant based on the proceedings of the scrutiny committee, and also not to terminate the service without satisfying the conditions laid down in article 311 of the constitution of india along with the provisions of all india service (discipline and appeals) rules, 1969 (hereinafter referred to as 'the rules'). ..... article 311 of the constitution of india and the rules made thereunder cannot be taken away by a judicial pronouncement and the appellant would be entitled to the constitutional protection provided to him under article 311 of the constitution and the government was required to comply with the all india service (discipline and appeals) rules, 1969 before terminating his services.11. ..... said void appointment would enable the appellant to claim that he was holding a civil post within the meaning of article 311 of the constitution of india, as appellant had obtained the appointment by playing a fraud he cannot be allowed to take advantage of his own fraud in entering the service and claim that he was holder of the post entitled to be dealt with in terms of article 311 of the constitution of india or the rules framed thereunder. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1372; 1968LabIC1514; [1968]3SCR224
..... parliament passed the all-india services act, 1951 and under section 3 of the act the indian police service (recruitment) rules, 1954 were promulgated laying down that persons, who had been appointed to the secretary of state's service - indian police, were to be included in the indian police service. ..... that act is the all-india services act, 1951 ..... 4 laid down that all rules in force immediately before the commencement of the act and applicable to an all-india service shall continue to be in force and shall be deemed to be rules made under this act. ..... 55 of the rules of 1930 was not required to be initiated or to be held by the secretary of state in the case of a member of an all-india service, and it was only at the subsequent stage when the order of dismissal had to be passed that the secretary of state was required to give an opportunity of showing cause to the officer concerned ..... the act recognised the existence of the two all-india services mentioned in ..... of the power given to parliament under this article, parliament passed an act for constituting all-india services. ..... , which were enforced with effect from 1st september, 1955, came to be known as the all-india services (discipline and appeal) rules, 1955 (hereinafter referred to as 'the rules of 1955'). ..... empowering parliament by law to provide for the creation of one or more all-india services common to the union and the states, and to regulate the recruitment and conditions of service of persons appointed to any such service. .....
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