Absence of clause/rules
kehar singh
(Querist) 15 June 2012
This query is : Resolved
Sir,
If the state govt rule is silent on some areas whether it is related to govt servant or any other civil law then whether the law made by Central govt for its employes or on civil matters will prevail in such State or not especially relating to the issue.
Shonee Kapoor
(Expert) 20 June 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 31 July 2012
In service matters the laws are framed by Presidnet or Governer in exercise of powers conferred by provision to Art 309 of the Constitution of India. State Govts generally inbibe the central laws adn thereis no scope of the law being silent.
Whereever the central law is silent the same is expanded by DOPT instructions and court judgements. These provisions can apply to the places where state Govt Laws are equally silent on the principle of EQUAL TREATMENT UNDER EQUAL CIRCUMSTANCES.
Mr Kehar Singh is putting one vague query against the othe and committing joke on his career by piecemal advise.
