Sample Material of Public Administration Study Kit (Paper - II)
Civil Services: Constitutional position
CONSTITUTIONAL POSITION
Civil Servants implemented the policies, programmes and
decisions of the government faithfully. An Administrative system nowhere in the
world likes to have a civil servant who is indiscipline, inefficient, dishonest
or corrupt and has become a security risk. The power of the government to
terminate the services of the Civil Servants on the above grounds cannot be
denied.But it has to be ensured that the government does not follow the policy
of harassment and victimization of honest and efficient civil servants on
extraneous considerations. Against such type of actions, Constitutional
safeguards are required to check abuse and misuse, arbitrary and
discriminatory exercises of powers by the government. In a democratic society
governed by the rule of law, disregard of it would set aside the constitutional
promise of justice, equality, liberty and freedom. Thus, constitutional
safeguards are essential for justice and its spirit. The Indian Constitution
provides certain safeguards for the civil services so that they can discharge
their duties freely and conscientiously, without any feeling of insecurity of
tenure, under Article 311. The safeguards are:-
(1) That no civil servant would be dismissed or removed by an authority subordinate to that by which he was appointed. It means that an officer can be dismissed, removed or reduced in rank by an authority superior to the appointing authority.
(2) Before dismissal or removal or demotion in rank a
reasonable opportunity will be given to the officer. What does reasonable
opportunity mean? Does it mean giving a hearing to the officer before framing
charges or does it mean hearing him before taking the final action? This was not
discussed in detail in the Constituent Assembly, and as per the sixteenth
amendment of the Constitution; only one opportunity is essential to be given.
There are three exceptions to the procedural protection given by Clause (2) of
Article 311.
(a) Where an officer is dismissed or removed or reduced in
rank on the ground of conduct which has led to his conviction on a criminal
charge. Here the question arises, what type of criminal charge? A charge of a
grave
nature or an ordinary type, has not been specified.
(b) When the legitimate authority is satisfied that it is not practicable to hold an enquiry, it may dispense with it after indicating the reasons in writing.
(c) Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to give to that person such an opportunity.
These are the safeguards as far as Article 311 is concerned. But, in our constitution, Article 320 (3) (c) says that “the Union Public Service Commission or the State Public Service Commission, as the case may be, shall he consulted on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a Civil capacity, including memorials or petitions relating to such matters.” It is implied in this clause that the charge sheet with the explanation of the officer concerned shall pass through the Public Service Commission.