Shamsher Singh v. State of Punjab, 1975 SCR (1) 814Summary

Facts 

Shamsher Singh, subordinate judge

 – 

 services terminated by order of theGovernment of Punjab in the name of the Governor, without reasons 

Ishwar Chand Agarwal

 – 

 services terminated by Government of Punjab inthe name of the Governor on recommendation of HC

ContentionsAPPELLANTS:-

the Governor as the Constitutional or the formal head of the State canexercise powers and functions of appointment and removal of membersof the Subordinate Judicial Service only

personally-

SardariLal v. union of India &Ors. (1971)3 S.C.R. 461 where it has beenheld that where the President or the Governor, as the case may be, ifsatisfied, makes an order under Article 311(2) proviso(c) that in theinterest of the security of the State it is not expedient to hold an enquiryfor dismissal or removal or reduction in rank of an officer, the satisfactionof the President or the Governor is his personal satisfaction. Therefore,under Article 234 of the Constitution the appointment as well as thetermination of services of subordinate Judges is to be made by theGovernor personally-

Reasons: 

First there are several constitutional functions, powers and dutiesof the Governor 

. These are conferred on him eo nomine (“by thatname”) the Governor. The Governor, is, by and under the

Constitution, required to act in his discretion in several matters.

These constitutional functions and powers of the Governor eonomine as well as these in the discretion of the Governor arenot executive powers of the State within the meaning of Article

154 read with Article 162