Court : Supreme Court of India
Reported in : AIR1972SC1738; 1972LabIC900; (1972)1SCC872; [1972]3SCR881
..... this objection is that, assuming that the commission act is in pith and substance a law with respect to corruption of government servants, it is repugnant to the provisions of the all india service act, 1951, and the all india services (discipline and appeal) rules, 1955-hereinafter referred to as the discipline and appeal rules, and it must give way to the statutory ..... high court held that the members of an all india service serving in a state are governed by the all india services act, 1951, and the rules made there-under, and the commission act was not applicable to them. ..... such a legislation is valid, the act is not discriminatory because all servants of jammu and kashmir government are treated alike and the same procedure applied to them for the trial of offences of corruption;(3) there is a valid classification on the basis of territory; and(4) in any event, the procedure under the commission act is not more prejudicial than that under the all india services act, 1951, and the rules made thereunder.4. ..... by article 14 of the constitution as 'there is a clear discrimination between the members of all india services posted else where and the members of the same service posted in the state inasmuch as inquiry against the former for acts of corruption is to be held under the central act and the rules made thereunder while against the latter for the same acts of corruption enquiry is to be held under the commission act, the provisions of which are for more drastic than the central .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2879; [2006(110)FLR1146]; JT2006(7)SC274; 2006(7)SCALE593; (2006)6SCC704; 2007(1)SLJ293(SC)
..... , the conditions of services are governed by the provisions of the all india services act, 1951 and the rules and ..... the said rule, however, was amended by a notification dated 1.7.1988 in the following terms:in rule 16 of the all india services (death-cum-retirement-benefits) rules, 1958 -(i) in the proviso to sub-rule (2), for the words 'state government concerned', the words 'central government' shall be substituted;(ii) in the first proviso to sub- ..... terms and conditions of service of an officer are governed by the all india services rules, the state ..... voluntary retirement on the part of an employee belonging to an all india services is governed by the said rules;4. ..... law, offer of voluntary retirement can be made and accepted in terms of the said rules, inter alia, in three different situations:(a) on completion of 20 years' of service;(b) when an employee is placed under suspension; and(c) if he has completed more than 20 years' of service or 50 years of age.whereas in the first situation acceptance of the proposal is not required, in the second and third, acceptance of the offer by the competent ..... decisions, we are of the opinion that the interest of justice, having regard to the peculiar facts and circumstances of this case, shall be sub-served if instead of directing reinstatement of the appellant in service, the following directions are issued:(i) the appellant shall be paid all his pensionary benefits with interest at the rate of 9% per annum with effect from 1st august, 1997. .....
Tag this Judgment!Court : Karnataka
..... section 3 of the all india services act, 1951 which reads as under ..... learned advocate general further submitted that the service conditions of the petitioner and the applicant is governed by the all india service act, 1951. ..... the dgp may, however, be relieved of his responsibilities by the state government acting in consultation with the state security commission consequent upon any action taken against him under the all india services (discipline and appeal) rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his ..... of the powers conferred by sub-section (1) of section 3 of the aforesaid act, the central government has made the all india services (performance appraisal report) rules, 2007. ..... of the power conferred under the said rules, the central government has made the all india services (performance, appraisal report) rules, 2007. ..... recruitment and conditions of services-(1) the central government may, after consultation with the governments of the states concerned [including the state of jammu and kashmir], (and by notification in the official gazette) make rules for the regulation of recruitment, and the conditions of service of persons appointed to an all india service.86. ..... deals with regulation of recruitment and conditions of service which in turn provides for making rules for the regulation of recruitment and the conditions of service of persons to an all india service. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2381; JT1987(4)SC99; (1988)ILLJ23SC; 1987(2)SCALE747; (1987)4SCC654; [1988]1SCR490
..... in exercise of the powers conferred by sub-section (1) of section 3 of the all india services act, 1951, the central government after consultation with the governments of the states concerned framed the all india services (conduct) rules. ..... provided that he shall submit a report to the government regarding such action.according to its plain terms, rule 17 is in the nature of a restraint on a member of the all india services from bringing a suit for damages for defamation for an act done in the exercise of his official duties as a public servant or from going to the press in vindication of his official act or character. ..... 1 herein thiru chaturvedi badrinath, a senior member of the indian administrative service, and directing the issuance of a writ of mandamus ordaining the state government of tamil nadu from granting the requisite permission of the government under rule 17 of the all india service (conduct) rules, 1968 for the institution of a suit for damages for defamation by him against respondent no. ..... 1 under rules 6 and 7 of the all india service (conduct) rules on the view that being a civil servant it was not desirable that he should have participated in a public discussion on the time capsule. ..... these rules necessarily form part of their conditions of service under sub-section (1) of section 3 of the all indian services act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992(3)SCALE126; 1993Supp(1)SCC730; [1992]Supp2SCR389
..... after receiving suggestions or comments from state governments, the central india exercising the power under sub-section (1) of section 3 of all india service act, 1951 for short, 'the act' amended the new seniority rules, 1987 which amendment was published in the gazette of india on february 3,1989 for short the 'first amendment rules'. ..... thereby the rules or regulations made in exercise of the power under section 3(1) of the act regulating recruitment and the conditions of service for persons appointed to an all india service are statutory in character. 7. ..... to make any rule regulating the recruitment and the conditions of service of all india service, which include amendment from time to time, but the rider it engrafted is that the power should be exercised 'after consultation with the governments of the states concerned''. ..... may, offer consultation with the governments of the states concerned (including the state of jammu and kashmir), (and by notification in the official gazette) make rules for the regulation of recruitment, and the conditions of service of persons appointed to an all india service. ..... the officers from andhra pradesh and kerala, on completion of 8 to 9 years of service are becoming qualified for promotion to all india administrative service, while the officers from states like uttar pradesh and bihar would get chance only after putting 24 to 27 years of service. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1249; 35(1969)CLT911(SC); 1969LabIC1520; (1969)2SCC149; [1970]1SCR255
..... the all india services act, 1951, came into force on october 29, 1951. ..... section 4 provided :all rules in force immediately before the commencement of this 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.4. ..... section 3 enabled the central government to make rules for the regulation of recruitment and conditions of service of persons appointed to an all india service which was defined to include, among others, the indian police service. ..... the central government further stated :the government of india have accordingly decided that wherever such lists have been prepared in some states, the officiation in the senior posts of the state civil service/state police service officers included in the 'fit for trial' list cannot be counted for the purpose of determining the seniority of such officers, under the indian administrative service/indian police service (regulation of seniority) rules, 1954.13. ..... on may 7, 1957, the government of india wrote to the state governments and observed :the question whether the officiation in senior posts of the state civil service/state police officer after inclusion of their names in the 'fit for trial list' should or should not be taken into account for the purpose of seniority, on their subsequent appointment to the indian administrative service, indian police service, has been engaging the attention of the government of india for some time past. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal180
..... the ministry of home affairs dated the 17th october, 1957, is neither a rule under the proviso to article 309 nor a rule under section 3 of the all india services act, 1951 nor is it an executive action under article 77 of the constitution. ..... that the statutory effect of a rule made under section 3(1) of the all india services act, 1951, is not affected by non-compliance with sub-section (2) of section 3; but the question is whether the home ministry's resolution is at all a rule under sec. ..... the indian administrative service (cadre) rules, 1954, framed under section 3(1) of the all india services act, 1951. ..... in question at page 484 of the paper book does not say that it is a rule made either under article 77 or under the proviso to article 309 of the constitution or under section 3 of the all india services act, 1951. ..... that assuming that the aforesaid resolution is not a rule under the proviso to article 309, it is a rule under section 3 of the all india services act, 1951. ..... contends that the said resolution of the home ministry dated the 17th october, 1957, is a rule under section 3 of the all india services act. ..... under sub-rule (4) of rule 3 of the all india services (discipline and appeal) rules, 1955, the reversion to a lower post of a member of the service who is officiating in a higher post, after a trial in the higher post or for administrative reasons (such as the return of the permanent incumbent from leave or deputation, availability of a more suitable officer, and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2511; [2006(110)FLR233]; 2006(5)SCALE627; (2006)9SCC69; 2006(3)SLJ301(SC)
..... to the appellant, the service conditions of ias officers are governed by the provisions of the all india services act, 1951 (ais act) and the rules framed ..... after consultation with the governments of the states concerned including the state of jammu and kashmir and by notification in the official gazette make rules for the regulation of recruitment, and the condition of service of persons appointed to an all-india service.on 17.10.1957, the central staffing scheme was formulated by a resolution of the government of india and was intended to make 'adequate arrangements for staffing senior administrative posts of and above the rank of deputy secretary to the government ..... 2000, the tribunal dismissed the oa holding that the post of additional secretary to the government of india or secretary to the government of india was not a promotional post for an all-india services' officer of state cadre, and therefore, most of the contentions urged, which proceeded on the footing that the empanelment to the post of additional secretary to the government of india or the secretary to the government of india was a promotional, post were irrelevant. ..... were made by him to the authorities against his exclusion from the panel of additional secretaries to the government of india on the ground that his case had been considered on the basis of wrong appreciation of the character rolls and acrs, which had not been recorded in accordance with the all india service (confidential rolls) rules, 1970. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(7)KarLJ215
..... , in consultation of the state governments, to govern matters of pay arising under the indian police service, in exercise of the powers conferred by sub-section (1) of section 3 of the all india services act, 1951 (lxi of 1951). ..... force of the rules and after taking full cognizance of the rules, there is no denial of the increments and, therefore, the rule relating as it does exclusively to persons who join the service from the public sector undertakings will have precedence over clause (b) of sub-rule (1) of the rule 4. in order to appreciate whether the official memorandum makes out such a case for the ..... the memorandum when read together lead to the inevitable conclusion that the petitioner is entitled to the regular increments de hors the fact that his pay in the service has been fixed at a scale higher than the minimum prescribed for the post in order to protect his pay in his previous employment. ..... before the tribunal questioning the letter dated 19th june, 1996, issued by the government of india taking the stand that he shall cease to earn increments in the junior scale of pay until having regard to his length of service he becomes entitled to higher pay as provided by rule 4(1)(b) of the ips (pay) ..... if such candidates are in government service' makes it all the more obvious that the object of issuing the memorandum is to bring the employees of public sector undertakings on par with the employees in the central and state government services in the matter of protecting .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(3)ALD220; 2000(3)ALT9
..... writ petitioner who is the first respondent in the said oa filed a detailed counter analysing the all india services act, 1951 and the indian police service (appointment by promotion) regulations, 1955 detailing constitution of the dpc etc. ..... union of india, civil appeal no.10396 of 1995, is not correct as the selections of the state police officers for promotion to the ips are to be made in accordance with the indian police service (appointment by promotion) regulations, 1955 which have been framed under rule 9(1) of the ips recruitment rules, 1954 and that there is no provision in the promotion regulations forgiving extra weightage to those who were officiating in ..... case (supra), asapproved by the supreme court in civil appeal no.10396 of 1995, the tribunal below was justified in directing the writ petitioner to reconsider the case of the first respondent so that a proper assessment of the service rendered by him could be made and no interference is called for in the well considered order of the tribunal below.11. ..... 1443 of 1997, to reconsider the case of the first respondent and make proper assessment of his service in terms of the formula evolved by the full bench decision of the central administrative tribunal, hyderabad bench in ..... sambhus's case (supra), is given effect to, it will nullify the regulation 5(4) of the indian police service (appointment by promotion) regulations, 1955 which lays down the procedure for assessment of the relative merits of officers considered for .....
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