Q. What are the constitutional safeguards available to a civil servant against dismissal, removal or reduction in rank of services? Are these rights available to an employee of a public corporation? Discuss with reference to statutory provisions and case law. (15) [2018/Law I/2(b)]
Answer Approach:
•Introduction: Start by discussing the appointment process as mentioned in the Constitution of India and then mention in brief about the doctrine of pleasure.
• Main body: Discuss the various constitutional provisions for safeguards against arbitrary removal, dismissal or removal in rank of civil servants. Discuss about provisions related to reasonable opportunity as it stood originally and with the help of case laws discuss the present condition. Also explain whether these provisions apply for employees of public corporation or not.
• Conclusion: Conclude by encapsulating the present position in concise.
• Tip for students: This question has different parts, but not all parts have to be given equal importance. Focus majorly on the first part and summarily discuss about the second part.
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