Shamsher Singh and Another v/s. State of Punjab
- Apoorva Bhangla, NMIMS Mumbai
- January 7, 2021
Content :
The following is a case analysis of the case Samsher Singh v. State of Punjab. This is one of the landmark judgments on the concept of discretionary powers of the Governor. This case has been decided by the 7 judge bench of the Supreme Court. The two appellants in this case had joined the Punjab Civil Service (Judicial Branch) and were on probation. The probation of both of them was terminated by orders of concerned Ministers / Chief Minister in conformity with the recommendations of the High Court under different provisions of relevant rules. The orders of termination were issued in the name of the Governor of Punjab without seeking or obtaining his personal satisfaction. The appellants contended that the Governor as the constitutional or the formal head of the State can exercise powers and functions of appointment and removal of members of the Subordinate Judicial Service only personally. This case has been read, summarized and analyzed broadly under the following headings: Facts of the case, issues at hand, arguments from both sides, legal aspects involved and overview of the judgement.
