Appointment and termination powers for statutory posts follow the appointing authority unless statute or delegation says otherwise.

The authority competent to appoint to a statutory post is ordinarily also competent to terminate that appointment, unless the statute or a valid delegation provides otherwise. A post created under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and filled by the Central Government under section 3(1) remained under Union control, and the appointee held office during the President's pleasure under Article 310(1). On that basis, the Government of Punjab had no independent power to terminate the service; its order was ineffectual, and termination took effect only when the Central Government issued notice. The appeal failed, leaving the decree for arrears of salary and allowances undisturbed.

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Issues: Whether the Central Government or the Government of Punjab was competent to terminate the service of the Assistant Settlement Commissioner appointed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954.

Analysis: The post of Assistant Settlement Commissioner was created under the statutory scheme administered by the Central Government, and the appointment to that post was made by the Central Government under Section 3(1) of the Act. The Government of Punjab had no independent power to appoint to, or determine, that appointment. The rule that the power to appoint ordinarily carries with it the power to terminate was applied, reinforced by Section 16 of the General Clauses Act, 1897. Since the post was under the Union and the appointee held it during the President's pleasure under Article 310(1) of the Constitution of India, only the Central Government could validly terminate the service.

Conclusion: The order issued by the Government of Punjab terminating the service was ineffectual and invalid, and the termination became effective only when the Central Government gave notice terminating the service.

Final Conclusion: The appeal failed, and the decree in favour of the respondent for arrears of salary and allowances was left undisturbed.

Ratio Decidendi: The authority competent to appoint to a statutory post is ordinarily the authority competent to terminate that appointment, unless a contrary power is shown by the statute or valid delegation.

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