Hon'ble Judges/Coram:
A.N. Ray, C.J., A. Alagiriswami, D.G. Palekar, K.K. Mathew, P.N. Bhagwati, V.R. Krishna Iyer and Y.V. Chandrachud JUDGMENT
A.N. Ray, C.J.
1. These two appeals are from the judgment of the Punjab and Haryana High Court.
2. Appellants joined the Punjab Civil Service (Judicial Branch). They were both on probation.
3. By an order dated 27th April, 1967 the services of the appellant Shamsher Singh were terminated. The order was as follows :
The Governor of Punjab is pleased to terminate the services of Shri Shamsher Singh. Subordinate Judge, on probation, under Rule 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 with immediate effect. It is requested that these orders may be conveyed to the officer concerned under intimation to the Government.
4. By an order dated 15 December, 1969 the services of the appellant Ishwar Chand Aggarwal were terminated. The order was as follows:--
On the recommendation of the High Court of Punjab and Haryana, the Governor of Punjab is pleased to dispense with the services of Shri Ishwar Chand Agarwal, P.C.S. (Judicial Branch), with immediate effect, under Rule 7(3) in Part 'D' of the Punjab Civil Services (Judicial Branch) Rules, 1951 as amended from time to time.
5. The appellants contend that the Governor as the Constitutional or the formal head of the State can exercise powers and functions of appointment and removal of members of the Subordinate Judicial Service only personally. The State contends that the Governor exercises powers of appointment and removal conferred on him by or under the Constitution like execute powers of the State Government only on the aid and advice of his Council of Ministers and not personally.
6. The appellants rely on the decision of this Court in Sardari Lal v. Union of India and Ors. MANU/SC/0656/1971 : (1971)ILLJ315SC where it has been held that where the President or the Governor, as the case may be, if satisfied, makes an order under Article 311(2) proviso (c) that in the interest of the security of the State it is not expedient to hold an enquiry for dismissal or removal or reduction in rank of an officer, the satisfaction of the President or the Governor is his personal satisfaction. The appellants on the authority of this ruling contend that under Article 234 of the Constitution the appointment as well as the termination of services of subordinate Judges is to be made by the Governor personally.
7. These two appeals were placed before a larger Bench to consider whet........