The Government servant holds office during the pleasure of the President but security of tenure is specifically assured to him. Articles 309, 310 and3 11 of the Constitution a& the provisions which apply to the cases of employees serving the Union and various States.
Article 309 empowers Legislature to enact laws subject to the Constitution for regulating recruitment and conditions of service of' persons appointed in connection with the affairs of the Union or of any State and also empowers the President or the Governor or such person as may be directed by him to make rules subject to the provisions of the Constitution for regulating recruitment and conditions of service of persons so appointed.
The provision of Article 310 (1) is that except as expressly provided by the Constitution every person who is a member of a Defence Service or of a Civil Service of the Union or of an All India Service holds his post under the Union during the pleasure of the President and every person who is a member of a Civil Service of a State, holds his post during the pleasure of the Governor of the State. To safeguard the service of a member of a Civil Service of the Union or of an All India Service or of a Civil Service of a State, Article 311(2) provides that no such person shall be dismissed or removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges, provided that where it is proposed after such enquiry to impose upon him any penalty, such penalty may be imposed on the basis of the evidence and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed.
A subsequent amendment of Article 31 l(2) has restricted the protection earlier provided to a Government servant and purports to widen the Doctrine of Pleasure. The curtailment of the safeguard of enquiry is couched in the following language :
Provided further that this clause shall not apply-
( a ) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge: or
( b ) Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry: or
( c ) Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
Clause (3) of Article 311 provides that if, in respect of persons as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as referred to in Clause (2), the decision there on of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.
The provision of Article 310 (1) is that except as expressly provided by the Constitution every person who is a member of a Defence Service or of a Civil Service of the Union or of an All India Service holds his post under the Union during the pleasure of the President and every person who is a member of a Civil Service of a State, holds his post during the pleasure of the Governor of the State. To safeguard the service of a member of a Civil Service of the Union or of an All India Service or of a Civil Service of a State, Article 311(2) provides that no such person shall be dismissed or removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges, provided that where it is proposed after such enquiry to impose upon him any penalty, such penalty may be imposed on the basis of the evidence and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed.
A subsequent amendment of Article 31 l(2) has restricted the protection earlier provided to a Government servant and purports to widen the Doctrine of Pleasure. The curtailment of the safeguard of enquiry is couched in the following language :
Provided further that this clause shall not apply-
( a ) Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge: or
( b ) Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry: or
( c ) Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
Clause (3) of Article 311 provides that if, in respect of persons as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as referred to in Clause (2), the decision there on of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.
