Disciplinary action against government servants and its remedies

Fundamental concepts of employment of Government employees are in the melting pot because of the conflict in the socio-political sphere of the society. The protection to Government employees under Art. 311 of the Constitution, it is felt, has been watered down, but simultaneously the impact on the Government as an employer, has been that it has been left in the lurch and is unable to exercise full control over its employees which is necessary for due discharge of its onerous responsibilities of its administration. The creation of statutory corporations has further complicated the position which however, reflect the infra-structure of the economy of the country.

But do these features confront the commentator of the book on disciplinary matters and its remedies relating to Government servants. Commenting on equality before law and equal opportunity in employment, Krishna Iyer, Justice of the Supreme Court said: "If the State uses classification casuistically for salvaging status and elitism, the point of no-return is reached for Articles 14 to 16 and the court's jurisdiction awakens to deaden such manoeuvres. The soul of Article 16 is the promotion of the common man's capabilities over-powering environmental adversities and opening up full opportunities to develop in official life without succumbing to the sophistic arguments of the elite that the talent is the privilege of the few and they must rule wriggling out of the democratic imperative of Articles 14 and 16 by the theory of classified equality, which at its worst degnerates into class domination". In this endeavour to do justice to deaden such manoeuvres the commentator is no doubt called upon to assist.