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Report No. 58

Article 226-use of, in service matters

8.20. Article 220 of the Constitution provides a convenient, expeditious and effective remedy for every government servant in case of violation of his rights under Article 311 or under Article 14, 15 and 16, or any action against or affecting him which is unconstitutional, illegal, arbitrary or mala fide. It is not surprising, therefore, that a large volume of the work of High Courts consists of disposal of cases arising out of "service matters". In addition, a fairly large number of suits are filed in the civil courts which ultimately reach the High Court, and in some cases, the Supreme Court in appeal. Some petitions have been filed in the Supreme Court under Article 32 where the petitioner alleged that his fundamental rights under Article 14, 15 or 16 had been violated.



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