UPSC Mains Law Paper Topic : Constitutional Safegards for Civil Servants
- Explain the doctrine of pleasure incorporated into the Indian
Constitution in respect of civil servants. (93/I/3a/30)
- What is the scope and content of the phrase “reasonable opportunity of
being heard in respect of those charges” in Article 311 (2) of the
Constitution of India? Does it embrace a right to receive a copy of the
inquiry officer’s report? Refer to the case-law on the subject. (96/I/3a/30)
- X on probation in Delhi Police force was served with a notice to show
cause why he should not be discharged from service for “gross neglect of
duties and unsatisfactory work.” X gave an explanation to appropriate
authority which was not considered satisfactory. Thereafter the said
authority passed an order discharging X from service for “unsatisfactory
work and conduct” X contends that the order is invalid as he has not been
given a reasonable opportunity to be heard ‘ as required by Article 311(2)
of the Constitution. Discuss X’s contention and decide. (97/I/4b/30)
- “Article 311(2) lays down that a civil servant cannot be dismissed or
removed or reduced in rank unless he has been given a reasonable opportunity
to show cause against the action proposed to be taken against him.”
Critically examine the statement with reference to the Constitution
(Forty-Second Amendment) Act, 1976. (00/I/3b/30)
- Discuss the constitutional safeguards in respect of dismissal, removal
or reduction in rank of persons employed in civil capacities under the Union
or the State. Do these safeguards override the “Doctrine of Pleasure”
embodied in the Constitution? (03/I/3b/30)
- What Constitutional safeguards are available to civil servants under the
Constitution of India? Explain the circumstances under which a civil servant
can be dismissed from service without holding a regular inquiry against him.
(06/I/3b/30)
