According to Epicurus, there are two types of pleasure: to the first are the pleasures of the active, kinetic , to the second - static. However, here there is a paradox: if human actions are determined by the movements of atoms, a person can not bear moral responsibility for them. Behold, you fast only to quarrel and to fight and to hit with a wicked fist. Now if such powers are given to president of India and the governor of states than it would be really difficult to exercise power on them so there are certain offices which are outside the purview of article 310 and article 311 was put as a restriction to doctrine of pleasure. In other words, if a civil servant is dismissed from service he cannot claim arrears of salary or damages for premature termination. Article 15 prohibits termination of service on grounds of religion, race, caste, sex or place of birth or any of them.
These posts are expressly excluded from the operation of the doctrine of pleasure. Persons Entitled To Safeguard: Constitutional safeguards provided under Article 311 are not available to all the government servants. First Published: September 28, 2014 Last Updated:October 17, 2018 Article 310 of the Indian constitution incorporates the common law doctrine of pleasure. Another limitation is under Article 16 1 which obligates equal treatment and bars arbitrary discrimination. You shall not uncover the nakedness of your father's wife; it is your father's nakedness. Doctrine of pleasure does not allowed anybody to make scoff of the law if civil servant is guilty then he will be punished for the same.
For this purpose, social acceptance of the power of the government to control people must be accepted by the people voluntarily and recognized by them. The following are expressly excluded by the Constitution from the rule of Pleasure. This was the historical background of the development of the constitutional provisions relating to the services under the Union and the State. The Legislature, Executive and Judiciary are complementary to each other and are meant to work in perfect harmony while adhering to principles of separation of power. Section 96 B 1 provided that the civil servant is obliged to hold the office during the pleasure of His Majesty and the civil servant cannot be dismissed by any other person who is subordinate to that civil servant. Massey, Administrative Law Eastern Book Company, 8th ed. It is an executive power which is to be exercised at the advice of Council of Ministers.
The Supreme Court in Jaswant Singh v. The clause 2 refers to the 3 forms of punishments: dismissal, removal and reduction in rank. In addition to article 14 of the constitution Article 15 also restricts arbitrary exercise of power in matters of services. The utilitarian principle has many Stoic as well as Christian elements which require to be included. Whether termination of service of a Government servant in any given circumstance will amount to punishment will depend upon whether under the terms and conditions governing his appointment to a post he had a right to hold the post but for termination of his service.
The Supreme Court in this case upheld his claim arrears of salary on the ground of contract or quantum muruit i. In such a case the Government servant will also be entitled to claim salary for the intervening period during which the dismissal order was in force. The sorrows of those who run after another god shall multiply; their drink offerings of blood I will not pour out or take their names on my lips. This means his services can be terminated at any time by the Crown, without assigning any reason. Of two pleasures, if there is one to which all or almost all who have experienced both pleasures give a decided preference, irrespective of any feeling of moral obligation to prefer it, then it is the more desirable pleasure.
They are as follows: 1. Similar provisions have been included in the Constitution of India to protect the interest of civil servants along with the protection of national security and public interest. In India, Article 310 of the Indian Constitution incorporates the common law doctrine of pleasure. Even if there exists any special contract between the Crown and the civil servant concerned, the Crown is not bound by it. It is not a total or absolute impracticability which is required by cl. But the number is unquestionably very large. These provisions are enforceable in a court of law.
The name comes from the Greek word for pleasure, and its intellectual ancestry traces back to the Greek philosophers, particularly Epicurus. In this background came the Supreme Court judgment that laid down that Governors could not be changed on the ground that there is a change of government. High Court Judges Article 217, 218 4. It is an executive power which is to be exercised at the advice of Council of Ministers. Doctrine of Pleasure The Doctrine of Pleasure says that certain authorities hold office till he or she enjoys the confidence of the President or the Governor is not absolute and unrestricted and cannot be at the authority's sweet will, whim and fancy.
In the case of the Governor, the position is entirely different. He lays the beams of his chambers on the waters; he makes the clouds his chariot; he rides on the wings of the wind; he makes his messengers winds, his ministers a flaming fire. Similarly the Supreme Court the reiterated the above ruling in Om Prakash v. The public policy is that a public servant whose continuance in office is not or is against the public interest must be relieved of it. The first class of aspirations is connected with things that relieve suffering, the second with things that bring pleasure but do not relieve suffering, the third class is associated with such things as honorary wreaths and statues: they are necessary and do not stem from human nature, but people tend to them from the empty notion that they have value. Historical Background: The East India Company sent out to India its own servants and so did the Crown, and from the earliest times, under the various Charters given to the East India Company, the Crown could at its pleasure remove any person holding office, whether civil or military, under the East India Company. But put on the Lord Jesus Christ, and make no provision for the flesh, to gratify its desires.
So glorify God in your body. Before denying government servant his constitutional right to an inquiry, the paramount consideration is whether the conduct of the government is such as justifies the penalty of dismissal, removal or reduction in rank. Another limitation is under Article 16 1 which obligates equal treatment and bars arbitrary discrimination. Or do you not know that your body is a temple of the Holy Spirit within you, whom you have from God? Articles 310 and 311 apply to Government servants, whether permanent, temporary, officiating or on probation. The satisfaction must be with respect to the expediency or inexpediency of holding an inquiry in the interest of the security of the State. The members of the public are therefore vitally interested in the efficiency and integrity of such services.
If the appointing authority were aware of the conviction before he was appointed, it might well be expected to refuse to appoint such a person but if for some reason thefact of conviction did not become known till after his appointment, the person concerned could be discharged from service on the basis of his conviction under clause a of the proviso without following the normal procedure envisaged in Article 311. Shukla, Constitution of India Eastern Book Company, 11th ed. Upadhyaya, Administrative law Central Law Agency Publication Samaraditya Pal, Law Relating to Public Service LexisNexis Butterworths Wadhwa Nagpur, 3th ed. Further in State of Maharashtra v. The tenure of office of a civil servant can be terminated at any time without assigning any cause.