Law of suspension penalties and departmental, enquiries

The Services under the Union and the States are governed by the fundamental law as propounded in Part XIV of the Indian Constitution. Their recruitment and conditions of service are regulated in accordance with the provisions of Article 309 of the Constitution which inter-alia, authorises the President, in the case of persons appointed to public services and posts under the Union and the Governor, in the case of persons appointed to services and posts under a State, to make rules regulating their recruitment and condi tions of service respectively, until provision in this behalf is made by or under an Act of the appropriate Legislature. While Article 310 declares, inter-alia, that persons, serving the Union or a State, hold office during the pleasure of the President or a Governor respectively; civil servants have, however, been guaranteed, under the provisions of Art. 311, security of tenure and provided protection against their dismissal, removal or reduction in their rank, except after an inquiry, in which the concerned civil servant has been informed of the charges against him and given a reasonable opportunity of having been heard in respect of those charges. Rules have been framed by the President in exercise of the powers confer red on him under proviso to Art. 309 to regulate disciplinary matters. Similar rules have been framed for various services and posts under the States.