Executive order cannot curtail statutory tenure appointment

Ramji Bharti Vs State of Chhattisgarh  (Chhattisgarh High Court) The constitution Bench of Supreme Court in Sant Ram Sharma v. State of Rajasthan and others AIR 1967 S.C. 1910 held that it is true that the Government cannot amend or supersede the statutory rules by administrative instruction, but if the rules are silent on any particular point, the Government can fill-up the gap and supplement the rule and issue instructions not inconsistent with the rules already framed. Here in the facts of the case in hand it would show that the tenure appointment has been given by virtue of section 4 and ...