amendments the Article has provided though it did not do so originally that

Amendments the article has provided though it did not

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amendments the Article has provided (though it did not do so originally) that, except as expressly provided by the Constitution, every person in any of the services, except State services, holds office during the pleasure of His Majesty. Then comes Article 135 which is of vital importance in the present case. The relevant portions read as follows:— "135. (1) No member of any of the services mentioned in paragraphs (b) to (g) of Clause (1) of Article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank. (2) No member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard". That Article applies in terms to the "police service" which is the service mentioned in paragraph (d) of Article 132, and in the absence of any specific limiting words I think it clearly applies to all members of the police service, particularly when regard is had to the history of the corresponding Article of the Indian Constitution to which it corresponds, which is Article 311. Similar provisions to those of sub-article 135(1) were to be found in section 34(1) of the Government of India Act, 1919 (section 96B of the 1929 Reprint) but when that section was in effect re-enacted by section 240(2) of the Government of India Act, 1935, it was provided by section 243 of that Act that notwithstanding the provisions of section 240 the conditions of service of the subordinate ranks of the various police forces in India should be Such as might be determined by the various Indian Acts relating to these forces and this was held in the case of North- West Frontier Province v Suraj Narain Anand LR 75 IA 343 to exclude the subordinate ranks of the Police from the provisions of section 240(2) on the ground that liability to dismissal was a condition of service. When the Constitution of India came to be enacted section 240(2) of the 1935 Act was in effect re-enacted in Article 311(1) but section 243 was not re-enacted with the result that, as has been recognised by the Courts in India, subordinate members of the Police Forces are now entitled to the protection of Article 311(1) (see Suresh v Himangshu (1951) 55 CWN 605. Again provisions similar to those of the second sub-article of our Article 135 are to be found in section 240(3) of the Government of India Act, 1935, but no class of persons were excluded from the operation of that section and it became Article 311(2) of the Indian Constitution. To return to our own Constitution, Articles 138 (now repealed), 139, 140 (now amended) and 141 set up Commissions to have "jurisdiction" over the members of each particular service. In particular, Article 140 provides for a Police Service Commission whose "jurisdiction" was prior to 1969 to extend to "all persons who are members of the Police service".
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