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Report No. 58

Likelihood of abuse

8.33. There is yet another reason which is against the proposal. It may be true that Service Courts consisting of judges of high status, independence, and integrity, will give protection in the, honest and capable Government servant against victimisation, discrimination, or arbitrary action; but, as against this, we cannot ignore the fact that access to Service Courts with large powers of interference with executive decisions is likely to be abused by undeserving or dishonest officials, and may conceivably, in some cases, be subversive of discipline, inasmuch as undue advantage may be taken of the facility provided.

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