VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 271
575
Independence Act, 1947. But that would not have the effect of
terminating the powers of the Governor General under the Ninth
Schedule. Those powers will be available so long as the 1935 Act
continues to be in power and the Federation is not established. This
is the legal and constitutional result of the continuance of the 1935
Act. The fact that the 1935 Act is continuing has been attested not
only by the provisions of the Indian Independence Act of 1947 but
also by Art. 395 of the Constitution of India. It is only by reason of the
present Constitution, 1935 Act was repealed.
Even on the assumption that the 1935 Act has ceased to be
in existence after the inauguration of the Constitution of India in 1947
it cannot be held that the provisions of the Ordinance had ceased to
be operative in 1944. The Ordinance was validly enacted in 1944.
There is nothing contained in the Criminal Law Amendment Ordinance
or in the 1935 Act limiting the operation and duration of the Ordinance
upto a particular point of time. The fact that the 1935 Act has been
repealed would not have the effect of erasing the law of the Ordinance
made under that Act from the statute book.
(271)
Charge — amendment of
Where charge is amended by issue of corrigendum
during the course of inquiry, failure to permit charged
official to file reply to amended charge and give
opportunity to defend himself vitiates inquiry
proceedings, and order of termination liable to be
quashed.
M.G. Aggarwal vs. Municipal Corporation of Delhi,
1987(4) SLR DEL 545
The petitioner was Junior Engineer in the Municipal
Corporation of Delhi. A charge sheet was served on him on 31-1-85
alleging that he failed to detect unauthorised construction of some