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february 1988

Supreme Court of India · 1988-02-25

GENERAL OFFICER COMMANDING-IN-CHIEF & ANR. vs SUBHASH CHANDRA YADAV & ANR.

Citation / case number
SC 1988/70806
Court
Supreme Court of India
Petitioner
GENERAL OFFICER COMMANDING-IN-CHIEF & ANR.
Respondent
SUBHASH CHANDRA YADAV & ANR.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court upheld the High Court's decision that Rule 5C of the Cantonment Funds Servants Rules, 1937, which allowed for the transfer of employees between Cantonment Boards, was ultra vires Section 280(2)(c) of the Cantonments Act, 1924. The Court found that the services of Cantonment Board employees are not centralized and that the amendment to the Act did not confer the necessary rule-making power for such transfers. Consequently, the order of transfer issued by the G.O.C.-in-Chief was quashed, affirming the High Court's ruling.

GENERAL OFFICER COMMANDING-IN-CHIEF & ANR. vs SUBHASH CHANDRA YADAV & ANR. · Niyam