Court : Supreme Court of India
Reported in : (2009)IILLJ197SC; 2009(I)OLR(SC)995; 2009(3)SLJ183(SC)
..... is a reference under article 317(1) of the constitution of india for enquiry and report on the charges levelled ..... article 317, like article 124(4) does not define misbehaviour or enumerate what acts would constitute misbehaviour except that clause (4) of article 317 makes an improvement in specifying misbehaviour, namely, being ..... record that the law department of the state government opined to refer the matter, under article 317(1) of the constitution against remaining members of the opsc for their acts of insubordination, non- cooperation, etc. ..... the powers conferred upon him by clause (1) of article 317 of the constitution the hon'ble the president referred to the supreme court of india for enquiry and report as to whether dr. ..... letter dated august 23, 2001, recommended to the hon'ble the president to make a reference to the supreme court under article 317(1) of the constitution for necessary enquiry into the allegations made against the chairman.7. ..... whose close relative is appearing for selection, should decline to become a member of the selection committee or withdraw from it leaving it to the appointing authority to nominate another person in his place need not be applied in case of a constitutional authority like the public service commission, whether central or state. ..... state government, at the level of the chief minister, requested the governor to recommend to his excellency the president of india to make reference to the supreme court under article 317(1) of the constitution. .....
Tag this Judgment!Court : Delhi
Reported in : (2007)2CompLJ433(Del)
..... however, even on this ground the petitioner is not entitled to invoke the jurisdiction of this court under article 226 of the constitution of india for implementation of rights of petitioner pursuant to order dated 6.9.2006 or any of the rights which have accrued to the petitioner under the memorandum of understanding ..... it was further contended that this court should not exercise its jurisdiction under article 226 of constitution of india since complicated disputed questions of fact are involved in the petition and even the complaints with ..... that even if the writ petition is maintainable, this court should not exercise its jurisdiction under article 226 of the constitution of india as this court will not have territorial jurisdiction as petitioner is from mumbai, so are respondent no. ..... the petition invoking jurisdiction of this court under article 226 of the constitution of india no such offer has been made on behalf of the petitioner company.17 ..... 2 and, thereforee, present petition under article 226 of the constitution of india is maintainable against the respondents.12. ..... should facilitate the implementation of the order dated 6.9.2006 cannot be enforced under article 226 of the constitution of india by a separate writ petition. ..... not maintainable as the petitioner has suppressed the material facts and in any case for implementation of an order under section 9 of arbitration and conciliation act, 1996, a writ petition under article 226 of the constitution of india is not maintainable. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1991Ker350
..... 662 (air 1981 sc 1368).in view of the authoritative judicial pronouncements of this court in the series of cases dealing with the scope of interference of a high court while exercising its writ jurisdiction under article 226 of the constitution of india in cases of non-statutory concluded contracts like the one in hand, we are constrained to hold that the high court in the present case has gone wrong in its finding that there is arbitrariness and unreasonableness on the ..... between the state and the persons aggrieved is non-statutory and purely contractual and the rights are governed only by the terms of the contract, no writ or order can be issued under article 226 of the constitution of india so as to compel the authorities to remedy a breach of contract pure and simple. ..... bombay municipal corporation, air 1986 sc 180 the supreme court had to consider the constitutional right of the pavement dwellers under article 21 of the constitution of india. in m. c. ..... for enforcement of contractual rights parties should avail remedies by way of civil suit and should not invoke the extraordinary jurisdiction available under article 226 of the constitution of india. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT544
..... can the ministry of the government of india through an executive order interfere with the central civil service (revised pay) rules, 1997 issued by the president of india in exercise of the powers conferred by the proviso to article 309 and clause 5 of article 148 of the constitution of india is the question that has come up for consideration in these cases.2 ..... law is well settled that the power of the rule making authority under the proviso to article 309 of the constitution of india is legislative in character. ..... 14 and 16 of the constitution of india. ..... of article 148 of the constitution of india. ..... counsel appearing for the respondent sri.t.c.govindaswamy on the other hand contended that the government have no power to modify, whittle down or interfere with the rules framed by the president under article 309 of the constitution of india. ..... accepting the report of the pay commission, president of india in exercise of the powers conferred by the proviso to article 309 and c1.5 of article 148 of the constitution and after consultation with the comptroller and auditor general in relation to persons serving in the indian audit and accounts department, issued the central civil services (revised pay) rules, 1997 ..... are of the view assuming that above is the factual situation, the question to be considered is whether government of india in exercise of its executive power could modify or relax the rules framed by the president of india under the proviso to article 309 of the constitution and ci. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(1)SCJ400; 2009(1)KLT39(SN); 2009(1)SCC337; 2009(2)MLJ1055(SC)
..... is a reference under article 317(1) of the constitution of india for enquiry and report on the charges levelled ..... article 317, like article 124(4) does not define misbehaviour or enumerate what acts would constitute misbehaviour except that clause (4) of article 317 makes an improvement in specifying misbehaviour, namely, being ..... record that the law department of the state government opined to refer the matter, under article 317(1) of the constitution against remaining members of the opsc for their acts of insubordination, non-cooperation, etc. ..... the powers conferred upon him by clause (1) of article 317 of the constitution the hon'ble the president referred to the supreme court of india for enquiry and report as to whether dr. ..... letter dated august 23, 2001, recommended to the hon'ble the president to make a reference to the supreme court under article 317(1) of the constitution for necessary enquiry into the allegations made against the chairman.7. ..... whose close relative is appearing for selection, should decline to become a member of the selection committee or withdraw from it leaving it to the appointing authority to nominate another person in his place need not be applied in case of a constitutional authority like the public service commission, whether central or state. ..... state government, at the level of the chief minister, requested the governor to recommend to his excellency the president of india to make reference to the supreme court under article 317(1) of the constitution. .....
Tag this Judgment!Court : Patna
..... board of revenue, bihar, patna, on 9.2.1987, earlier, a writ petition under articles 226 and 227 of the constitution of india had been filed, about which there is no dispute which was decided against the present petitioner.8. ..... by this writ petition under articles 226 and 227 of the constitution of india, the petitioner has challenged the order dated 9.2.1987, recorded by the additional member, board of revenue, bihar, patna, (respondent no. ..... in view of the amended provision, as it was then, the application should have been filed before the bihar land reforms tribunal (in short 'the tribunal') but wrongly an application under articles 226 and 227 of the constitution of india was filed in this court against the impugned order. ..... this aspect is not gone into by the revisional authority as it did not condone the delay in filing the revision and therefore, this application under article 226 of the constitution of india.33. ..... this is one of the acts which have been placed in the 9th schedule under article 31b of the constitution of india.24. ..... there cannot be any dispute about two aspects that doctrine of res judicata is applicable to the quasi judicial body like the tribunal, as well as to writ proceeding under articles 226 and 227 of the constitution of india.17. ..... hence, this writ petition under articles 226 and 227 of the constitution of india.7. ..... second decision, relied on, is also of the hon'ble apex court rendered in the case of union of india v. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(5)KarLJ95
..... dated: 24-7-1978 read at (1) and (3) above, provision has been made for reservation in promotion to the persons belonging to sc st under article 16(4) of the constitution of india at 15% and 3% respectively of vacancies in all cadres up to and inclusive of the lowest category of class i (now group 'a') post in the service or department in which there is no element of direct recruitment and if there is an element of ..... government of karnataka subject: reservation for persons belonging to scheduled caste/scheduled tribe under article 16(4) of the constitution of india in promotion to the post of executive engineers in the public works and irrigation department -- provision for ..... tribes and other backward classes to such extent and in such manner as may be specified from time to time in the order made by the government under clause (4) of article 16 of the constitution of india. ..... established or deemed to have been established by or under any law of the state legislature'.sub-section (2) of section 4 of the act 1990 provides that any order made under clause (4) of article 16 of the constitution shall be deemed to be an order made under this act and shall mutatis mutandis apply to a service or post in the establishment in public sector. ..... dpar 50 sbc 92, bangalore, dated 17-4-1993 after the decision of the constitution bench of the supreme court in indira sawhney and others v union of india and others, dated 16-11-1992, directing all institutions receiving grants or aid from the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP65
..... 309 of the constitution on india the governoract, 1935, and of all other powers hereunto of the andhra state hereby makes the following ..... 226 of the constitution of india for a writ of certiorari to quash the order issued by the registrar, high court of madras, and given effect to by the state of andhra, placing the petitioner under suspension from the date of the receipt of the ..... be referred to the tribunal' used in the proviso and also having due regard to the history and the object of the rules and the necessity to avoid anolalies and conflict with the provisioins of the constitution, we are prepared to read the proviso distinctively and hold that the said proviso is a proviso for both the sub-rules or rs. ..... article 309: subject to the provisions of this constitution, act, of the appropriate legislature may rerlate of the recruitment, and conditions of service of persons appointed to public service and posts in connection with the affairs of the union or of any ..... the relevant provisions of the constitution may now be read: 'article 227: every high court shall have superintendence over all courts and tribunals throuhgout the territories in relation to which it exercise ..... 227 and 235 of the constitution of inidia, whereunder the control and superinitendence of all courts is vested in the ..... 235 of the constitution, that the said power of control of the high court over subordinate court s is subject to the condition of service prescribed by the governor of the legislature as the case .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2957; (2002)3UPLBEC2652
..... taking same work as other instructors and payment of fixed wages less than the minimum pay scale is forced labour and is violative of article 23 of the constitution of india. ..... payment of fixed salary much below the minimum wages fixed by the government is illegal, unfair and amounts to 'begar' and is in violation of article 23 of the constitution of india. ..... incompatible with the new egalitarian socio-economic order which 'we the people of india' were determined to build, they enacted article 23 in the ..... union of india, air 1982 sc 1473, it has been held that : 'the constitution makers, when they set out to frame the constitution found that the practice of 'forced labour' constituted an ugly and shameful feature of our national life which cried for urgent attention and with a view to obliterating and wiping out of existence this revolting practice which was a relic of a feudal exploitative society totally ..... these principles enshrined in the constitution as well embodied in several labour welfare legislations and are intended to achieve object of doing social justice as well and obviate chance of exploitation by the employer. .....
Tag this Judgment!Court : Delhi
Reported in : 166(2010)DLT1
..... it may be noted that the recruitment rules framed by the delhi high court, in exercise of powers under article 229 of the constitution of india, on 15.09.1972 do not provide for any reservation for the members belonging to the scheduled caste and scheduled tribe, either at the stage of initial appointment or at the stage ..... following further declaration that ccsthe principles of natural (cca) rules, 1965 are notjustice and naked violation of applicable to the high courtarticle 14, 16, 46, 311(2), staff in view of rule 11 of335, 338 of the constitution delhi high courtof india being the same establishment (appointmentsaction/memo taken/issued by and conditions of service)the respondent under the rules, 1972.central, civil service(classification, control andappeal) rules, 1965 which arenot applicable to the ..... october, 1975 without test under article 14, 15 and 16(4) of the constitution of india giving to the petitioner one post out of 77 posts of permanent nature just as 4 persons like s/shri jagjit singh ..... thew.e.f the date on which seven petitioner as an automaticallyofficials belonging to the confirmed assistant w.e.fupper caste were promoted to october 1975 without testthe post of regular assistant under article 14, 16(4) of thevide impugned memo constitution of india giving tono. ..... hon'ble supreme court of india after admission on 19.6.1984 for the post of superintendent and is quashed ..... of india and ..... of india is trying her best to uplift the people of downtrodden community in .....
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