President and Governors-Whether formal heads-Whether bound to act on aid and advice of Council of Ministers-Articles 166(3), 154(1), 53(1) of constitution of India.

Constitution of India-Article 311-termination of service by innocuously worded order whether hit by article 311.

Civil service probationer whether can be deemed to be confirmed on the expiry of probation period.

Punjab Civil Service (Judicial Branch) Rules 1951 rr. 7, 9.

Constitution of India Article 235-High Court whether can depute an executive authority to inquire into allegations made against subordinate judiciary.

Constitution of India, Article 234-Appointment and determination of services of subordinate judges if to be made by Governor personally.

The appellant Shamsher Singh was a Subordinate Judge on probation. His services were terminated by the Government of Punjab in the name of Governor of Punjab by an order which did not give any reasons for the termination.

Likewise, the services of Ishwar Chand Agarwal were also terminated by the Government of Punjab in the name of Governor on the recommendation of the High Court. 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. The appellants placed reliance on the decision of this Court in Sardari Lal's case where it is held that the satisfaction for making an order under Article 311 is the personal satisfaction of the President or the Governor. The State, on the other hand, con- tended that the Governor exercises powers of appointment and removal conferred on him by or under the Constitution like executive powers of the State Government only on the aid and advice of his council of Ministers and not personally. The Governor is by and under the Constitution required to act in his discretion in several matters. Articles where the expression "acts in his discretion" is used in relation to the powers and functions of the Governor are those which speak of special responsibilities of the Governor. Our constitution embodies generally the parliamentary or cabinet system of Government of the British model. Under this system the President is the constitutional or formal head of the Union and exercises his powers and functions conferred on him by or under the Constitution on the aid and advice of his council of Ministers. Under the cabinet system of Government, the Governor is the constitutional or formal head of the State and exercises all his powers and functions conferred on him by or under the Constitution on the aid and advice of his council of Ministers, save in spheres where the Governor is required by or under the Constitution to exercise his functions in his discretion. These appeals have been placed before a larger bench to consider whether the decision in Sardari Laf's case correctly lays down the law.

It was further contended that since the probationer continued in service after the expiry of the maximum period of probation he became confirmed that the termination was by way of punishment and was in violation of article 311; and that the High Court failed to act in terms of the provisions of art. 235 of the Constitution and abdicated the control over subordinate judiciary by asking the government to enquire through the vigilance department.