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Section 19 – Air Force Act,1950

Air Force Act,1950

19. Termination of service by Central Government.

Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act.

Comments

(i) Under section 18, the Presidential pleasure in relation to air forces is wholly untrammelled and the President has unqualified power to dismiss an Air Force Officer, without giving any reasons or any hearing. The President’s power under section 18 is not controlled by section 19, nor can both of them be read together, as they deal with two different speares of executive power, namely that of the President having its foundation in the constitutional provision and that of the Central Government which is a statutory power conferred by section 19; Hazara Singh v. Union of India, 1976 Lab IC 528 (Del): (1976) 1 SLR 340 (Del).

(ii) Provisions of section 19 are not discriminatory merely because power thereunder can be exercised by same authority; Hazara Singh v. Union of India, 1976 Lab IC 528:(1976) 1 SLR 340 (Del).

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Air Force Act,1950

Indian Laws – Bare Acts

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Section 19 – Air Force Act,1950

Air Force Act,1950

 

 

19. Termination of service by Central Government.—

 

Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act.

 

Comments

 

(i) Under section 18, the Presidential pleasure in relation to air forces is wholly untrammelled and the President has unqualified power to dismiss an Air Force Officer, without giving any reasons or any hearing. The President’s power under section 18 is not controlled by section 19, nor can both of them be read together, as they deal with two different speares of executive power, namely that of the President having its foundation in the constitutional provision and that of the Central Government which is a statutory power conferred by section 19; Hazara Singh v. Union of India, 1976 Lab IC 528 (Del): (1976) 1 SLR 340 (Del).

 

(ii) Provisions of section 19 are not discriminatory merely because power thereunder can be exercised by same authority; Hazara Singh v. Union of India, 1976 Lab IC 528:(1976) 1 SLR 340 (Del).

 

 

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Air Force Act,1950

 

Indian Laws – Bare Acts

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