Does the power to appoint always carry with it the power to suspend or dismiss?
Coram: Justice C.V.Karthikeyan · Justice R.Sakthivel
Not where a statute provides otherwise. Although in service law the power to appoint generally means the power to suspend or dismiss as well, a statutory proviso may vest disciplinary powers in a separate authorised officer while leaving the appointing authority with administrative control and the right to move that officer for action. Such a division operates as a system of checks and balances, ensuring fairness and preventing arbitrariness.
Constitution of India — Part IX — Tamil Nadu Panchayats Act — s.102 — s.106 — Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2023 — r.3 — Recruitment — Self-government — Constitution of India — Part IX — Tamil Nadu Panchayats Act — s.102 — Rules on service conditions are within the power — Held: Part IX empowers the State to legislate on the constitution, powers and service conditions of Panchayats so as to enable self-government; Rules prescribing only the recruiting authority, the mode of recruitment, reservation and conditions of service are within that power. (¶13, ¶17) Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2023 — r.3 — Selection by a District Level Committee — Self-government not infringed — Held further: Vesting selection in a District Level Committee while the Panchayat President remains the appointing authority regulates and standardises public employment; it neither infringes Part IX nor violates the basic structure. (¶14, ¶18) Tamil Nadu Panchayats Act — s.106 — Appointment without the power of dismissal — Checks and balances — Held further: The general rule that the power to appoint carries the power to suspend or dismiss yields to a statutory proviso; the appointing authority keeps administrative control and may move the authorised officer, which guards against arbitrariness. (¶15) Recruitment — Wide public notice — Two newspapers, one in the vernacular — Held further: A post must be advertised in at least two newspapers, one in the vernacular, besides calling for names from the employment exchange; an appointment made without such notice is void ab initio. Petition dismissed. (¶20, ¶21, ¶25)
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