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march 1972

Supreme Court of India · 1972-03-17

STATE OF JAMMU AND KAS vs M. S. FAROOQI AND OTHERS

Citation / case number
SC 1968/60343
Court
Supreme Court of India
Petitioner
STATE OF JAMMU AND KAS
Respondent
M. S. FAROOQI AND OTHERS
Author
SIKRI, S.M. (),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
Bench
SIKRI, S.M. (CJ),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that the Jammu and Kashmir Government Servants’ Prevention of Corruption (Commission) Act, 1962 is repugnant to the All India Services Act, 1951 and its associated Rules, thus rendering the Commission Act inapplicable to members of the All India Services. The Court clarified that under Article 254, if a State law conflicts with a Central law, the Central law prevails. The appeal was dismissed, affirming the High Court's decision that the Commission Act does not govern All India Service members.

STATE OF JAMMU AND KAS vs M. S. FAROOQI AND OTHERS · Niyam