Union of India & Others v. Sripati Ranjan Biswas and Another (Supreme Court of India, Civil Appeal No. 556 of 1975, decided August 7, 1975; A. Alagiriswami, P. K. Goswami and N. L. Untwalia, JJ.; judgment delivered by Goswami, J.). A confirmed Customs Appraiser, dismissed on February 3, 1964 by the Collector of Customs on a charge of possessing assets disproportionate to his disclosed income, appealed to the President under rule 23(2)(b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1957. After an earlier remand by the High Court, the appeal was heard on March 28, 1969 by Shri P. C. Sethi, Minister in the Ministry of Finance, on behalf of the President, and was rejected by order communicated in the President's name on May 9, 1969 after consultation with the Union Public Service Commission under rule 30(2). The Division Bench of the Calcutta High Court quashed that order, holding that the President's functions and duties as appellate authority under the Rules were neither part of the business of the Government of India nor part of the President's duties under the Constitution, and that the Minister had no right to deal with the appeal. Allowing the Union's appeal, the Supreme Court HELD: (a) appointment or dismissal of a Government servant falls within the purely executive function of the President (Union) or the Governor (State), and a quasi-judicial enquiry held by the Minister preceding or accompanying the final order does not affect the character of the exercise of that function by the President; (b) the Constitution contemplates a constitutional President, not a ruling monarch, so any reference to the President under a rule made under the Constitution is to the President as constitutional head acting with the aid and advice of the Council of Ministers; (c) disposal of the appeal by the Minister under rule 23(2)(b) was a proper and legal disposal of the appeal to the President, who acted on the Minister's advice; no delegation is involved and there is no constitutional infirmity. Samsher Singh v. State of Punjab and Another, A.I.R. 1974 S.C. 2192, followed. Division Bench judgment set aside; no order as to costs.
