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Report No. 58

Enforcement of safeguards

8.19. The protection of Article 311 against arbitrary dismissal, removal, or reduction in rank, as well as the guarantees of equality of opportunity and of non-discrimination under Articles 14 and 16 can be enforced in Courts of law, and government servants have availed of this remedy in a large number of cases.

Then again, conditions of service of government servants are governed by rules framed under Article 309 by the Central or the State Government, as the case may be. These rules lay down the conditions of service and prescribe the procedure which should be followed before taking disciplinary action against a government servant. Furthermore, the rules themselves must be consistent with the provisions of the Constitution, and must not offend against the safeguards provided by Article 311 and by Articles 14, 15 and 16. In several cases, a government servant, in his petition before the High Court, has challenged the validity of a particular rule as ultra vires.

Structure and Jurisdiction of the Higher Judiciary Back

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