Who is a Civil Servant in India?

 Bharat Mata ki Jay!

This blog is related to civil servants in India. Please read and increase your knowledge.

Who is a Civil Servant in India?

Civil servants are members of a civil service of the

a) Union of India or

b) an all-India service or

c) a civil service of a State or

d) who hold a civil post under the Union or a State,

The special position of a civil servant in law:

Civil servants occupy a special position in law. The ordinary law of master and servant does not apply to them. The appointment and termination of civil servants are governed by special laws.

Civil Service in England

In England, except where otherwise provided by statute, all public officers and servants of the Crown hold their appointments at the pleasure of the Crown or durante bene placito ("during good pleasure" or "during the pleasure of the appoint or") as opposed to an office held dum bene se gesserit ("during good conduct"), also called quadiu se bene gesserit ("as long as he shall behave himself well"). When a person holds office during the pleasure of the Crown, his appointment can be terminated at any time without assigning cause.

Pleasure Doctrine in England

So far as the pleasure doctrine in England is concerned, Lord Diplock in Chelliah Kodeeswaran v. Attorney- General of Ceylon, L.R. [1970] A.C. 1111, 1118, P.C., has succinctly stated its position in English law as follows:

"It is now well established in British Constitutional theory, at any rate as it has developed since the eighteenth century, that any appointment as a Crown servant, however subordinate, is terminable at will unless it is expressly otherwise provided by legislation."

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