INTRODUCTION
During the British rule ,Civil Services were placed in India and the laws and regulations were also applied as per the needs of the country. Moreso, the Doctrine Pleasure was one of the Doctrines that was introduced by the British rule. While this philosophy has been adopted in India, it has not been slavishly reproduced in the same way that it is practiced in England, and there are some differences between this doctrine as adopted in India and as practiced in England. The provision for this theory in India is embodied in Article 310 of the Indian Constitution.
BASIS OF THE DOCTRINE OF PLEASURE
Public is vitally interested in the efficiency of integrity of civil servants and therefore public policy requires public interest needs and the public good demands that civil servants who are:
- Inefficient
- Dishonest
- Corrupt
- Have become a security risk
To be dismissed from service for the wellbeing of the country.
RESTRICTIVE CONDITIONS UPON CIVIL SERVANTS
1.Article 310(1) – Tenure of office of persons serving the Union of state – This pleasure can be limited by Constitutional provisions hence its absolute in nature.
2.Under clause 2 of Article 310 it states that the Civil Servants have the right to be head and that’s natural justice as they give them the chance to prove their honesty .Thus in the case of Purshottam Lal Dhingra v. Union of India,it was stated that the protection under Article 311 is for both the permanent and temporarily employed servants so that they can fully enjoy their services and also to make the public demands be met for the people.
3 Therefore, a reasonable opportunity is one in which the accused is given the option to explain his side of the story in an effort to refute the accusations made against him. He should also have the opportunity to:
- Present his reasons to the organization conducting the investigation
- Take note of the testimony of the people who have accused him;
- Examine the witnesses in detail.
SUGGESTIONS
Though in the interest of the public, so as to avoid corruption the Doctrine of Pleasure helps in making sure Civil Servants wont exploit their positions through certain regulations that they are required to possess. A nation should be served by honest and loyal people so as for it to be progressive. Moreso, the dismissal of Civil Servants without any reason or any payment for the damages endured is against their right to live a dignified life. Its so hard for them to speak up due to the fact that even if they do so, no one is able to defend them.
CONCLUSION
India elects its executive head through elections, but England has a Monarch as the executive head. Therefore, the adage “The King can do no wrong” is inappropriate for the situation in India. Despite judicial intervention, the protection’s exceptions are still subject to abuse. Therefore, it would be preferable if specific rules were specified that must be followed in order to qualify for these exceptions rather than analyzing each and every case of arbitrariness. If these rules are not followed, the dismissal may be deemed illegitimate, giving the party who was wronged quick relief.
REFERENCES
Blog.ipleaders.in
Indiankanoon.org
www.aaptaxlaw.com
Author: Thrive Mabhena,
Lovely Professional University 2nd year B.A LLB student