Constitutional Provisions Regarding Civil Servants in India – Indian Judiciary

Table of Contents

309. Recruitment and conditions of service of persons serving the Union or a State.

Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State
Provided that it shall be competent for the President in the case of services and posts in connection with the affairs of the Union, and
for the Governor of a State in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.
Recruitment Includes- Any Method Provided for Inducting a Person in Public Service like Appointment, Selection, Deputation, Promotion And Appointment by Transfer.
The Condition of Service include- Pay, Allowance, Periodic Increments, Leave, Promotion, Transfer, Deputation etc.
Under this Provision Parliament can Impose Reasonable Restrictions on the Fundamental rights of Public Servants in interest of Integrity, Discipline, Efficiency, etc.
Such Restrictions are mentioned in the Rules of Services (Conduct) Rules.

310. Tenure of office of persons serving the Union or a State.—

(1) Except as expressly provided by this 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 office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.

Doctrine of Pleasure-

origin of the doctrine of pleasure can be traced back to England
In England, a servant of the crown holds office during the pleasure of the crown and he can be dismissed from the service of the crown at pleasure.
In England, a civil servant works at the Absolute pleasure of the President.
But in India, this Doctrine is in modified form in Article 310.
It means that the officer can be removed by the authority on whose pleasure he holds office, without assigning any reason. The authority is not obliged to assign any reason or disclose any cause for the removal.
Article 310 also makes it clear that the power of removal at pleasure is subjected to the other express provisions of the Constitution
Pleasure under Article 310 is not just the personal pleasure of the President, but the President or the Governor act on the advice of the Council of Ministers.

Are there any exceptions to the doctrine of pleasure?

Article 310(1) does not apply where the constitution expressly provides for secured tenure different from that provided in Article 310 and hence those servants shall be excluded from it.
The Supreme Court and the High Court judges
The Comptroller and Auditor-General of India
Chairman and Members of Public Service Commission
(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the case may be, of the Governor of the State, any contract under which a person, not being a member of a defence service or of an all-India service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the Governor , as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.

311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

—(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall 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
Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed
The second safeguard of holding inquiry is not available in the following 3 cases :
where a civil servant is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge .
where the authority empowered to dismiss remove a civil servant or to reduce him in rank is satisfied that for some reason to be recorded in writing it is not reasonably practicable to hold such enquiry.
where the president or the governor is satisfied that in the interest of the security of this date it is not expedient to hold such inquiry.
originally the opportunity of being heard was given to civil servants at two stages first at the enquiry stage and second at the punishment stage
42nd amendment act of 1976 abolished the provision for second opportunity hence the present position is that where it is proposed after enquiry to impose upon a civil servant punishment of dismissal, removal, or reduction in rank it may be imposed on the basis of evidence adduced at the inquiry without giving him an opportunity of making representation on the penalty proposed

312. All-India services.—

1) Notwithstanding anything in [Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services (including an all-India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.