CONTENTS

Preface i - iii
Table of Cases iv - xlii

CHAPTER I : INTRODUCTION 1 -10

(A) Research Hypothesis 6
(B) Research Methodology 6
(C) Importance and Objectives of the 7
Research
(D) Universe of Study 8
(E) Plan of Study 9

CHAPTER II : TENURE OF OFFICE OF CIVIL SERVANTS IN 11-98

HISTORICAL RETROSPECTION
(a) Ancient Period 12
(b) Medieval India 17
(c) Civil Service During British Period 19
(i) During Company’s Rule 21
(a) Charter Act of 1600 21
(b) Charter Act of 1833 26
(ii) During Direct British Rule 36
(a) Government of India 36
Act, 1858
(b) The Indian Councils 40
Act, 1861
(c) Government of India 44
Act, 1919
(d) Government of India 51
Act, 1935
(B) The Civil Services Under the Constitution 53
(a) Steps for Introduction of Doctrine of 53
Pleasure and Its Basis
(i) Provisions in the Draft 54
Constitution
(ii) Provisions in the Constitution 56
of India
(iii) Basis for Provisions in 58
Constitution
(b) Meaning of Term Doctrine of 59
Pleasure
(c) Nature and Scope of the Doctrine of 62
Pleasure
(C) Purpose of Doctrine of Pleasure 70
(D) Can Powers Under Article 310 be 71
Delegated?
(E) Restrictions Upon Doctrine of Pleasure 71
(a) Restriction Under Article 310 (2) and 72
for Special Category of Persons
(b) Fundamental Rights 72
(c) Restrictions Under Article 309 and 73
Article 311 of the Constitution of
India
(F) Post Constitutional Amendments of the 74
Provisions Related to Civil Servants
(a) The Constitution (Seventh 74
Amendment) Act, 1956
(b) The Constitution (Fifteenth 77
Amendment) Act, 1963
(c) The Constitution (Forty Second 78
Amendment) Act, 1976
(G) The Scope of Interpretation of Article 310 80
of the Constitution of India
(H) Exclusion Clause Under Article 308 and 85
Definition of ‘State’ and its Relationship
 with Safeguards of Civil Servants
(I) Protections to Civil Servants of Jammu 94
and Kashmir Under the Constitution of
Jammu and Kashmir

CONSTITUTIONAL SAFEGUARDS TO CIVIL 99-266

SERVANTS
CHAPTER III : (A) Meaning of the Terms ‘Civil Post’ and 100
‘Civil Servant’
(a) Exceptions to the Term ‘Civil Post’ 104
(i) Defence Personnel and 104
Civilian Employees in
Defence Services
(ii) Employees of Statutory 105
bodies i.e. Banks,
Universities, etc.
(B) Substantive Safeguards or Protection Qua 106
Appointing Authority
(a) No Dismissal or Removal by the 107
Subordinate Authority to Appointing
Authority
(b) Original Appointing Authority 120
(i) Effect of Ratification of 124
Order passed by Subordinate
Authority
(ii) Cure by Appellate Authority 127
(c) Promoting Authority 132
(C) Procedural Safeguard or Protection and 147
the Concept of ‘Reasonable Opportunity’
and Principles of ‘Fair Hearing’
(a) The Pre-inquiry Stage 159
(i) Preliminary Inquiry 159

(a) Basis of Preliminary 160

Inquiry
 (b) The Objective of 161
Preliminary Inquiry
(c) Effect of Non-Supply of 162
Preliminary Inquiry
Report
(ii) Intimation Regarding 164
Imputation of Charges
(iii) Right to File Reply, and 170
Decision Regarding Inquiry
(iv) Procedure for imposing Minor 174
Punishment
(a) Right of Delinquent 177
(b) Action on the Reply of 177
the Delinquent
(c) Cases in which Inquiry 178
must be held
Inquiry Stage 179
(i) Appointment and Role of 182
Inquiry Officer
(ii) Payment of Suspension 189
Allowance/Subsistence
Allowance
(iii) Legal Assistance or Defence 198
Assistance
(iv) Opportunity to Cross 201
Examine the Departmental
Witnesses
(v) Affording Opportunity to the 204
Delinquent to lead Defence
Evidence
(vi) The Preparation of Reasoned 207
Inquiry Report
Post Inquiry Stage 209
(i) Right of Copy of Inquiry 209
Report
 (ii) Right to Personal Hearing 215
(iii) Role of Punishing Authority 219
(d) Appellate Stage and Role of 233
Appellate Authority
(D) Safeguards Under Article 309 238
(E) Status of Employees 245
(a) Temporary Employee 245
(b) Probationers 252
(c) The Theory of ‘Lifting of Veil’ and 257
Theory of ‘Motive and Foundation’

EXCEPTIONS TO ARTICLE 311 AND 267-342

JUDICIAL ATTITUDE
CHAPTER IV : (A) Introduction 267
(B) Dispensing with Inquiry on Conviction on 270
Criminal Charge
(a) Effect of the Pending Criminal 292
Appeal Against the Conviction by
Trial Court
(b) Effect of the Grant of Benefit of 294
Probation on Conviction to
Delinquent Employee
(c) Parallel Departmental Proceedings 297
and Criminal Trial
(d) Applicability of Doctrine of Double 304
Jeopardy
(e) Effect of Departmental Action after 307
Acquittal by a Criminal Court
(f) Dismissal of a Government 310
Employee with Retrospective
Effect
(C) Dispensing with Inquiry when not 311
Reasonably Practicable to hold it
(D) Not Expedient to hold Inquiry in the 327
 Interest of Security of State

OTHER INCIDENTS OF SERVICE AND 343-399

SCOPE OF ARTICLE 311
CHAPTER V (A) Suspension 343
(a) Purpose of Suspension 349
(b) Permissibility of Retrospective 349
Suspension
(i) Provision under Rules 349
(ii) Evolution by Court 350
(c) Relationship of Suspension and 351
Transfer
(d) Doctrine of Merger, Suspension vis- 352
a-vis Dismissal Order
»

(e) Effect of Order of Suspension when 353

Delinquent Employee is on Leave
(f) Suspension vis-a-vis Resignation 353
(g) Suspension vis-a-vis Age of 354
Retirement
(h) Suspension vis-a-vis Abolition of 354
Post
(■) Pay and Allowances of Suspension 355
Period
(B) Abolition of Post 363
(C) Reduction in Pay 366
(D) Compulsory Retirement 368
(a) Meaning of Public Interest 369
(b) Object of Compulsory Retirement 370
(c) Compulsory Retirement vis-a-vis 376
Principles Governing Order of
?
Preventive Detention
(d) Basis for Compulsory Retirement 377
(E) Transfer 378
 (a) Purpose of Transfer 380
(b) Judicial Review 381
(c) Transfer during Mid-Academic 384
Session
(d) Right of Representation-Hardships 385
of Incumbent and its Impact in
Couple Cases
(e) Transfer as Preventive Measures 385
(f) Applicability of Wednesbury 386
Principle and Principles of Justice,
Equity and Good Conscience to
Transfer Order
(F) Admission of Guilt or Confessional 387
Statement
(G) Where the Chargesare Apparently 389
Proved
(H) Other Circumstances 399

REMEDIES FOR CIVIL SERVANTS AND 400-482

CHANGING DIMENSIONS OF LAW AND
PRINCIPLES OF NATURAL JUSTICE
CHAPTER VI : (A) Departmental Remedies 402
(a) Appeals and Applicability of 403
Principles of Natural Justice in
Departmental Appeals
(b) Revision 407
(c) Review 410
(d) Memorials 410
(B) Judicial Remedies 411
(a) Statutory Grounds 412
(b) Non-Statutory Grounds 412
(i) Principles of Natural Justice 418
(a) The Rule Against Bias 424
 (i) Pecuniary Bias 424
(ii) Personal Bias 424
(iii) Official Bias 425
(iv) Judicial 426
Obstinacy
(b) The Right to a Fair 428
Hearing
(c) Natural Justice and 436
Article 14 of the
Constitution of India
(d) Evolution of Test of 437
Prejudice and Shift in
Judicial Trends in
Service Jurisprudence
(i) Relationship of 450
Concept of
Prejudice
(ii) Effects of 453
Doctrine of
Prejudice
(e) Shifting of Onus of 454
Proof
(f) Theory of Useless 454
Formality
(i) Nexus between 456
Theory of
Useless
Formality and
Reappraisal of
material in
Departmental
proceedings
The Wednesbury Principle 460
Doctrine of Proportionality of 461
Punishment
Doctrine of Legitimate 467
Expectation
 (a) British Position 468
(b) Indian Position 469
(C) Curative Justice 471
(a) Cure Regarding Substantive Right 472
(b) Cure regarding Procedural Right 475

EMPIRICAL STUDY 483-702

Chapter VII : (A) Introduction 483
(B) Covered Area, Questionnaire and Data 488
Analysis
(a) Department of Haryana State 488
(b) Central Departments 491
(c) Departments of Union Territory of 491
Chandigarh
(d) Departments of Punjab State 493
(C) Conclusion 695

CHAPTER VIII : CONCLUSION AND SUGGESTIONS 703-739

BIBLIOGRAPHY 740-754
ANNEXURE 755-761