AIR 1985 SUPREME COURT 1416 ::1985 LAB. I. C. 1393 ::(1985) 3 ComLJ 45 ::(1985) 2 CurLR 117 ::1985 2 CurLR 117 ::1985 SCC (L&S) 672 ::1985 (3) SCC 398 ::(1985) 2 LabLJ 206 ::1985 Bom LR 87 563 ::(1985) 2 Lab LN 488 ::1985 2 LabLN 488

Supreme Court Of India

Hon'ble Judge(s): Y. V. Chandrachud, V. D. Tulzapurkar, R. S. Pathak, D. P. Madon, M. P. Thakkar , JJJ

(A) Constitution of India , Art.310, Art.311— Pleasure doctrine - Embodiment in Constitution - Not because it is special prerogative of British Crown but because public policy requires so. Majority view (Thakkar, J. Contra) :- The pleasure doctrine is neither relic of feudal age nor is based upon any special prerogative of the British Crown but upon public policy.(Para 43A) Ministers frame policies and legislatures enact laws and lay down the mode in which such policies are to be carried out and the object of the legislation achieved. From the nature of things the task of efficiently and effectively implementing these policies and enactments, however, rests with the civil services. The public is, therefore, vitally interested in the efficiency and integrity of such services. For a Government servant to discharge his duties faithfully and conscientiously, he must have a feeling of security of tenure. Under the Constitution, this is provided for by the Acts and Rules made under Art. 309 as also by the safeguards provided in clauses (1) and (2) of Art. 311. It is, however, as much in public interest and for public good that Government servants who are inefficient, dishonest or corrupt or have become a security risk should not continue in service and that the protection afforded to them by the Acts and rules mad....