AIR 1956 VINDHYA PRADESH 22

Vindhya Pradesh Judicial Commissioner's Court

Hon'ble Judge(s): Jagat Narayan , J

Constitution of India , Art.311(1)— Integration of former States into State of Vindhya Pradesh - Servant appointed before integration continuing in service - Appointing authority, who is - Authority, which can dismiss him after integration. The applicant was appointed as Ranger in Forest Department of Rewa State in 1948 under an order of the then Government. Rewa State was taken over by the Government of India and the present State of Vindhya Pradesh was formed on 31-12-1949. The applicant continued in service under the new formed Government. Chief Conservator of Forest passed an order terminating his services after issuing a show cause notice on him on 27-9-1954. This order of terminating his service was challenged by the applicant under Art. 311(1) of the Constitution of India. Held that Art. 311(1) contemplates that the authority appointing and the authority dismissing must be an authority of the same State. Where however, as in the case of Vindhya Pradesh there has been a merger of a number of former States to form the present State the position is different. In these circumstances it must not be seen what was the authority which appointed the applicant originally when he was appointed in a former State which has been merged in the State of Vindhya Pradesh, Vindhya Pradesh became a Part C State on 21-6-1950 when the Constitution became app....