Supreme Court of India · 1961-12-11
GIAN SINGH vs THE STATE OF PUNJAB
- Citation / case number
- SC 1960/155
- Court
- Supreme Court of India
- Petitioner
- GIAN SINGH
- Respondent
- THE STATE OF PUNJAB
- Author
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the Financial Commissioner retained the authority to remove Tehsildars under the Punjab Tehsildari Rules, 1932, despite the abrogation of rule-making powers by the Adaptation of Indian Laws Order, 1937. The Court clarified that the conditions of service for civil servants remained unchanged until new provisions were enacted under the Government of India Act, 1935. The dismissal of the appellant was upheld, as the Tehsildari Rules continued to be in force, contrary to the dissenting opinion which argued for the Governor's authority under Section 241 of the Government of India Act, 1935.