DISCIPLINARY PROCEEDINGS (3)- PLEASURE DOCTRINE

Dear friends,

     The President has a whip in hand to dismiss the Government Servants in the name of pleasure doctrine under article 310(1).

       According to that Article the Government Servant hold office during the pleasure of the President. If President has displeasure with a government servant he can dismiss or remove the Government Servant without any inquiry. For example the Governor appointed by the President can be removed at anytime without any inquiry.

    Based on the same anology FR56j and Rule 48 of CCS PENSION Rules 1972 applied by the administration to retire a government servant.

Tenkasi.                                                                                     With Best Wishes,
29.04.2018.                                                                                   G Mariappan.

DISCIPLINARY PROCEEDINGS(2)-CONDITIONS OF SERVICE

Dear friends,

  Conditions of service of Government Servants were framed in the form of Fundamental Rules in 1922  before our Independence. After we formed our Constitution in 1950  various rules on  condition of services are further framed under Article 309 of the Constitution​ by the President .

   

     Though Parliament is empowered under article 309 to make laws regulating the recruitment and conditions of service of Central Govt servants, yet parliament has not so far passed any such law. All the rules are made by the President only. Out of those rules which are relevant to this subject matter  are

01. CCS(Conduct) Rules 1964

02. CCS(CCA) Rules 1965

03. CCS( Temporary Service) Rules 1965.

  All the rules made under article 309 is subjected to Articles 310(1),311,14,16,19,299 etc.

  The relationship between the Government and the Government Servants is not contractual but is that of 'Status'. Status means membership of a group. The position of a person in the group determines his duties and powers etc. These are governed by statutory rules not by agreement between the both.

    So the Government may make rules under article 309 and it's proviso against the interest of Government Servants subject to Articles 310(1),311,14,16,19 etc.

   Once the rules are framed it should be published in the Gazatte otherwise it has no statutory power.

   Executive instructions may be issued for regulating the conditions of service but it should not be contrary to statutory rules.
   
I wish to suggest a following youtube link on a lecture "on pleasure doctrine and conditions of service "enumerated in the Constitution. Pl. see this video.
https://youtu.be/wMcYHRbiTrg

Tenkasi                                                                                                   with Best Wishes,
28.04.2018.                                                                                                G Mariappan.

DISCIPLINARY PROCEEDINGS (1)-PREFACE

Dear Friends,

   I wish to post articles on Disciplinary matters on Central Govt. Services with my little knowledge that I have acquired through my book readings. This article is my bird's eye view on the vast subject of Disciplinary proceedings .

    Disciplinary proceedings begins with framing of rules on condition of service and it's application on various grounds and ends with final statutory action against wrong commission and omission of procedure while performing duties in public services.

      The one by one gateways to reach the last chamber of Disciplinary action building  that is punishment or exoneration is identified in my article in different headings.

Tenkasi.            With Best wishes,                                                  
27.04.2018.                   G Mariappan.                                                   

Exploitation in Astrology

Dear  friends,

Wish you a happy Tamil New year greetings.

  Today I am going to write on misuse of astrology by some astrologers in the name of remedies for astrological misfortunes.

   Astrological birth chart of a person is the exact snopshot of the nine planets position in the sky at the time of his birth. In the birth chart Lagna is determined based on the position of star in the east horizon at the time of his birth. Rasi is fixed on the Moon position in the star on that day.

  The fortune or misfortune , fructification of good deeds or obstacles in life during the life span of the person is determined at the time of birth itself as per the planetary position. This can not be changed in the name of remedies . Some astrologers are exploiting the innocent and non radical people in the in name of remedial action  like performing  poojas , wearing gemstones , to go to a particular temple. etc and by this doings they are earning huge amount of money by giving false truth to the people those who are  approaching the astrologer.

    If you are having faith in God  do prayers with God from your nearby temple . That is enough . Nobody can alter the fate of the person once told by Mother Nature to him in the form of horoscope .

   God is everywhere  so pray for His blessings from where you are.

Tenkasi.                                                                     With  Best wishes,

14.04.2018.                                                                       G Mariappan.

Welcome

Welcome to my blog -friends.

With Best wishes,
G Mariappan.