India Constitution Law for Civil Service and Government Jobs
Under the English Constitution common law, all servants of the Crown hold office during the pleasure of the Crown and are liable to be dismissed at any time and without any reason being assigned for such dismissal. No action lies against the Crown in respect of such dismissal, even though it may be contrary to the express terms of the contract of employment. A servant of the Crown cannot sue the Crown even for arrears of his salary.
But Indian law has not adopted this rule in its entirety and with all its rigorous implications. The Indian Constitution has provided several safeguards for the security of civil servants. Articles 124, 148, 218 and 324 provide expressly that Supreme Court Judges, the Auditor- General, High Court Judges and the Chief Election Commissioner shall not be removed from their office except by an order of the President passed after an address by each House of Parliament. Subject to these exceptions our Constitution has adopted the English common law that public servants hold office during the pleasure of the President or the Governor.
Dismissal, Removal, etc. :
In the case of persons employed in the services, whether temporarily or permanently:
(i) No person who is a member of civil service of the Union or an all-India service or a civil service of a State can be dismissed or removed by an authorin’ subordinate to the authority’ by which he was appointed. It is enough that the removing authority is of the same rank or grade.
(ii) No civil servant can be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given reasonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry.
The provisions of Article 311 are mandatory and if a civil servant is removed or dismissed without observing the provisions of Article 311, he can demand a declaration from the court that the order of dismissal or removal was void and inoperative and he continued to be a member of the Civil Services. It must, however, be noted that the protections provided by Article 311 are available only when the appointment has been duly made. Therefore, where the concurrence of the Public Service Commission is essential before making an appointment and no such concurrence is obtained, the person appointed has no right to claim constitutional protection.