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V. Sreenivasa Reddy and Others Vs. Govt. of Andhara Pradesh and Others

Court : Supreme Court of India

Reported in : AIR1995SC586; JT1994(6)SC461; 1994(4)SCALE469; 1995Supp(1)SCC572; [1994]Supp4SCR233; 1995(1)SLJ99(SC)

..... thimmiah : (1972)illj565sc , placitum c & d, dealing with the contention that article 309 speaks of rules for appointment and general conditions of service, held that regularisation of appointment in exercise of executive power process notwithstanding any rule cannot be a form or kind of appointment and if it is in infraction of the rules and if it has effect of the violation of the rules or the constitution, illegality cannot be regularised ..... joshi's case and it is common experience that it is a vicious circle that initially governments impose ban on recruitment and make massive ad hoc appointments de hors the rules giving a go-by to make recruitment in accordance with the rules and then resort to regularisation of such appointments exercising the power under article 320(3) proviso or article 162 to make them the members of the service. ..... the tribunal in the impugned order expressed its unhappiness and was right in holding that the exercise of the power under proviso to clause (3) of article 320 of the constitution and relaxation of recruitment by psc is bad and that all appointments should be made in accordance with the special rules conformable to the zonal regulation made by the president exercising the power under article 371d of the constitution. ..... in paripoornam's case, a bench of three judges, of this court held that the appellant, state government, appointed junior professors temporarily, exercising the power under rule 10(a)(i)(1) of madras state subordinate services rules. .....

Chockalingam Alias Appasami Mudaliar Vs. Duraiswami Alias Rathnasabapa ...

Court : Chennai

Reported in : AIR1928Mad327; 108Ind.Cas.305; (1928)54MLJ479

..... therefore to what may be regarded as the general scope and purpose of the power of appointment in this case i must refuse to regard as applicable the technical rules relating to the exercise of power in the case of private rights and parties. ..... the document purports merely to effect an appointment in exercise of the power possessed or given there is nothing in the circumstances to indicate that it was anything but a bona fide exercise of the power. ..... for my part am disposed to base my judgment on the broader ground that in the case of public trust, power of appointment, unless there is something to the contrary in the instrument of a trust itself, should be regarded as a power to be exercised at or about the time when the appointment is to take effect having regard to the state of things then and that therefore any appointment so called previously made is in its very nature revocable. ..... it has been argued for the respondents that the power of appointment once exercised the appointment cannot be revoked, and for this purpose some decisions in english cases were cited and ..... examination, all the cases turned out to be cases merely of the exercise of the power of appointment in respect of private rights and benefactions. ..... very doubtful whether it is open to one trustee appointing a successor under the power of appointment to seek to lay further limitations on the exercise of the power. ..... the exercise of the power of appointment of a trustee cannot be regarded as a benefit to the donee .....

G. Vasantha Pai Vs. C.K. Ramaswamy and anr.

Court : Chennai

Reported in : AIR1978Mad342

..... persons. i have no doubt that the use of the words 'in that behalf in no way restricts the power of the governor to appoint one or more persons either by name or by designation for a particular period or for an indefinite period, provided it specifies that they are appointed in exercise of the powers under article 188 and for the purpose of any and every member of the assembly or the council, as the case may be, to make ..... the first point, therefore, to be considered is that when the governor had chosen to appoint, in exercise of his powers under art, 188, some person before whom the members may make and subscribe their oath or affirmation, either he abdicates his power under the article or ceases to be obliged to permit every member to make and ..... having power to make the appointment shall have power to suspend or dismiss any person appointed in exercise of that power ..... . while making such appointment in exercise of the powers under article 188, the learned advocate general also concedes that the governor does not abdicate his function ..... 20-4-1978, published in the gazette extraordinary, on the same date, the governor of tamil nadu notified that as the office of the chairman, tamil nadu legislative council was vacant, in exercise of the powers conferred by clause (1) of article 184 of the constitution, he had appointed the second respondent who is a member of the legislative council to perform the duties of the chairman from the forenoon of 21st april 1978, until a chairman is chosen by the council .....

B.D. Wadhwa and ors. Vs. Hardyal Devgun and ors.

Court : Delhi

Reported in : ILR1973Delhi678

..... the holder of a statutory office is one who is appointed under the statute in exercise of powers conferred by it by the authorities which are constituted to administer the ..... delhi administration does not make the appointment in exercise of any power under any statute. ..... is right when he says that the appointment is in exercise of the executive power of the government. ..... , the house of lords were considering the question whether the dismissal of ridge from the office of chief constable subject to the police acts by the watch committee in exercise of powers under section 191(4) of the municipal corporations act, 1882 (45 & 46 vict. e. ..... it is not disputed by the writ-petitioners that the power to appoint includes the power to dismiss but they contend that when an appointment is for a term then the power of dismissal cannot be exercised without cause. ..... decision was taken by the ministry of education in february, 1965 that governing bodies of new colleges started or to be started in delhi by the delhi administration should be appointed by nomination by the chief commissioner of delhi and this power of nomination was to be subject 'only to approval by the university of delhi in accordance with statute 30. ..... chopra, learned counsel for the delhi administration, is that the administration acting in exercise of executive power has absolute power to say at any time as to who will be the members of the governing body and that the members of the governing body hold office at the pleasure of the .....

D. Sankar Naidu Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(1)ALD587

..... in the circumstances, undoubtedly the term of the sta is protected for a minimum period of two years, subject to reduction of the original period of appointment in exercise of the powers conferred under the proviso to rule 131(1) of the rules.11. ..... of course, as expressed above, in exercise of the powers conferred under the proviso to rule 131(1), it is open to the government to reduce the period of appointment by notification and for the reasons to be recorded in writing even before the expiry of the original period of appointment. ..... further, while reducing the period of appointment of the sta, the government has to record reasons, which shows that the said power cannot be exercised as a matter of course.8. ..... hence, the sta which was illegally constituted cannot be continued, and, therefore, in exercise of the power conferred under rule 131(2) for removal of any member of the sta, the impugned order has been passed reconstituting the sta, to set right certain mistakes crept in while constituting the earlier sta under g.o. ms. no. ..... under section 68 of the motor vehicles act, 1988 (for short 'the act'), the state government is vested with the power to constitute the sta by notification in the official gazette to exercise and discharge the powers and functions specified in sub-section (3) of section 68 of the act. ..... it is not in dispute that the said order was passed in exercise of the power conferred under section 68(1) of the motor vehicles act, 1988, read with rule 131 of the a.p. .....

M/S Kadimi International Pvt. Ltd. Vs.m/s Emaar Mgf Land Limited

Court : Delhi

..... the respondent could not have unilaterally proceeded to appoint the sole arbitrator and court alone would have the authority to make an appointment, in exercise of its powers under section 11(5) and (6) of the act.5. ..... was that where a person has himself become ineligible to act an arbitrator, he cannot delegate such power to another as such delegatee would also suffer from the same ineligibility.the judgment of the supreme court, in my opinion, cannot be read to say that even if the parties agree that one of the party to the agreement shall appoint an arbitrator, the said power has been taken away and such agreement should be rendered void due to section 12(5) of the ..... the court will exercise its power under section 11(6)(a) of the act, only where a party fails to act in accordance with the appointment procedure agreed between the arb.p. ..... it should also be borne in mind that after the amendment of the act, the court's power and its scope of enquiry, while exercising jurisdiction under section 11 of the act, has been limited and restricted. ..... the use of the word procedure in section 11 (2) of the act describes the legislature's intention to introduce sanctity, uniformity and probity to the whole process of appointment of the arbitrator and it incorporates the agreement between the parties which includes the right/power/authority to appoint the arbitrator. .....

Ram Anjore Vs. Additional District Magistrate (Finance and Revenue)/De ...

Court : Allahabad

Reported in : 2009(1)AWC1052

..... , appointment in exercise of the powers conferred upon the state government by section 42 ..... is evident from the aforesaid section, under section 44 the state government may confer power of the director of consolidation, deputy director of consolidation, settlement officer of consolidation and the consolidation officer under this act and the rules made thereunder to any officer or authority in exercise of powers provided under the aforesaid section.13. ..... care of these provisions of the act, the state government has issued notification in exercise of power provided under section 44 (2) of the u.p.c.h. ..... director of consolidation means a person appointed as such by the state government who exercises the power, performs the duty as director of consolidation and would include additional director of consolidation/joint director of ..... merely because director's powers are conferred upon him, he does not become director because he has not been appointed as such in exercise of the powers conferred by section ..... it means person appointed as such by the state government, who exercise such powers, perform such duties as director of consolidation as may be delegated to him by the state government and shall include district ..... so far as the jurisdiction of the additional district magistrate (finance and revenue), ambedkar nagar to exercise the power of deputy director of consolidation, ambedkar nagar is concerned, the same has not been entrusted upon him, therefore, the order is without jurisdiction .....

J. Dasaratham and ors. Vs. Govt. of Ap Rep. by Secy., Medical, Health ...

Court : Andhra Pradesh

Reported in : 2001(6)ALT53

..... thimmaiah, : (1972)illj565sc regularization of appointment in exercise of executive power cannot be made by the executive if the same is in infraction of a rule made under proviso appended to article 309 of the constitution. 8. ..... inasmuch as the aforesaid order of dismissal was passed on 29.4.1997, which is subsequent to 18.3.1997 - the cut off date as per the judgment of the supreme court in chandra kumar v union of india, 1997 (3) scale 40 this court is entitled to exercise the power of judicial review prospectively in respect of matters disposed of by the tribunals with effect from 18.3.1997 and this case should not be thrown out on the ground of maintainability. ..... but the dispute with regard to inter se seniority among the three feeder categories who were appointed on 9.11.1974 and other categories, had not been determined wherefor the validity of g.o.ms. no. ..... the dispute in this case centres round appointment to the post of health inspector which is by way of promotion from the feeder category and by direct recruitment. ..... while this jurisdiction cannot be ousted, other courts and tribunals may perform a supplemental role in discharging the powers conferred by articles 226/227 and 32 of the constitution. ..... the tribunals will consequently also have the power to test the vires of subordinate legislations and rules. ..... however, this power of the tribunals will be subject to one important exception. .....

G. Premjee Trading Pvt. Ltd. Vs. Ashoka Alloys Limited

Court : Delhi

Reported in : AIR1999Delhi83; 1998(47)DRJ262

..... exercising the said power, i appoint mr. ..... this is a petition under section 11 of the arbitration and conciliation act, 1996, praying for appointment of an arbitrator in accordance with the provisions of section 11 of the said act for adjudication and resolving the disputes arising between the parties.2. ..... it is further provided in the aforesaid provision that if the parties have agreed upon the appointment procedure for appointment of the arbitrator then the said procedure should be followed initially. ..... if the party fails to agree upon and appoint an arbitrator, the court shall have power to appoint an arbitrator. ..... subsection (5) of section 11 provides the procedure for appointment of a sole arbitrator. ..... it provides that the parties are free to agree on a procedure for appointment of arbitrator or arbitrators. ..... girija bhan appointing her as the attorney of the petitioner for instituting legal proceedings against the respondent herein. ..... however, in the present case arbitration proceeding no such procedure has been prescribed for appointment of an arbitrator. ..... section 11 of the arbitration and conciliation act deals with the procedure for appointment of arbitrators. ..... counsel appearing for the petitioner sought for four days time to file the power of attorney giving authority by the petitioner to said mrs. ..... in pursuance thereof, the petitioner has placed on record a power of attorney executed by the petitioner in favor of mrs. ..... the said power of attorney clearly empowers mr. .....

N. Srinivasan Addl. Dist. and Sessions Judge Quilon and anr. Vs. State ...

Court : Kerala

Reported in : (1968)IILLJ233Ker

..... ' this section only states that the authority having the power to make the appointment shall also have the power to suspend or dismiss any persons appointed in exercise of that power it does not deal with the power to remove from service or to terminate the service nor does it say that the power to make the appointment includes the power to dismiss or suspend the employee. ..... all that it does say is that the authority having the power to make an appointment shall also have the power to dismiss any persons appointed in exercise of that power, so that there is not even a whisper of a suggestion (of which some might be able to summon answering echoes in the paraphrase just referred to) as to how the entirely different power to dismiss shall be exercised. ..... section 16 of this act reads as follows:-- '16 power to appoint to include power to suspend or dismiss -- where, by any central act or regulation, a power to make any appointment is conferred, then, unless a different intention appears the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power. .....