Case Note & Summary
The dispute arose from the dismissal of an employee of the Institute of Constitutional and Parliamentary Studies (I.C.P.S.) due to disciplinary action. The appellant challenged the dismissal in the High Court, questioning whether I.C.P.S. constituted 'State' under Article 12 of the Constitution. The Single Judge of the High Court dismissed the writ petition, ruling that I.C.P.S. was neither an agency nor an instrumentality of the government. The Division Bench upheld this decision, prompting the appellant to appeal to the Supreme Court. During the Supreme Court proceedings, the counsel for I.C.P.S. conceded to provide the appellant a fresh opportunity to address the charges. The Court focused on whether I.C.P.S. could be classified as 'State' under Article 12, which requires an authority to be under the control of the Government of India. The Court examined the nature of I.C.P.S., noting it was a registered society with a diverse membership and objectives not confined to governmental functions. The Court concluded that I.C.P.S. did not meet the criteria to be considered 'State' as it lacked the necessary governmental characteristics. However, it set aside the dismissal order, restoring the appellant to service and allowing him to contest the charges against him. The Court mandated that the enquiry be completed within four months and that the appellant be given access to relevant records (Paras 263H; 264A-C; 283F-G).
Headnote
A) Constitutional Law - Definition of 'State' - Authority under Article 12 - The Court held that I.C.P.S. does not qualify as 'State' as it is not an agency or instrumentality of the government, thus not subject to writ jurisdiction. The dismissal order was set aside, and the appellant was to be restored to service with an opportunity to meet the charges (Paras 283C-E).
Issue of Consideration
Whether the Institute of Constitutional and Parliamentary Studies (I.C.P.S.) is a 'State' under Article 12 of the Constitution.
Final Decision
The Supreme Court set aside the dismissal order, restoring the appellant to service and allowing him to contest the charges. The enquiry was to be completed within four months, and the appellant was entitled to salary for the past period, subject to proof of no other income.
Law Points
- Constitutional Law
- Article 12
- Definition of State
- Disciplinary Action
- Writ Jurisdiction
