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SERVICE MATTERS PERTAINING TO ARMED FORCES TRIBUNAL

Employment Laws

Fair Legal Practitioners( FLP) is headed by ex class one Gazetted Officer himself who has dealt with Service Rules and regualtions from close in practical.Services (Article 308 to 315)

Article 309 – Acts of appropriate legislature may regulate the recruitment and conditions of service of persons appointed to public service and posts in connection with the affairs of Union or State. 

Proviso : The President or Governor or such person directed by them are competent to make rules regulating the recruitment and conditions of service to such service and posts until provision in that behalf is made by or under an Act by legislature under this article and such rules have effect subject to provisions of such Act.All India Service

(1) Every person of any of the above services holds any post connected with the above services holds office during the pleasure of the President or Governor of the State.(2) A person holds a civil post or any contract during the pleasure of the President or of the Governor, shall be provided for the payment of compensation, if before the expiration of an agreed period that post is abolished or he is required to vacate that post, for reasons not connected with any misconduct on his part.

Article 311: Dismissal, removal or reduction in rank.

(1) No member of a civil service holds a civil post under the Union or State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charge

Principles of natural justice:

(1) No man shall be a judge of his own cause.

(2) Justice should not only be done, but manifestly and undoubtedly be seem to be done.

(3) Bias: (i) pecuniary bias

(ii) Personal bias

(iii) Official bias

(4) Audi Alterum partem: Hear the other side.

(i) Notice

(ii) fair hearing

(iii) opportunity of hearing

(iv) speaking order or reasoned decision Provided that where after inquiry it is proposed to impose any penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry without any opportunity of making representation on the penalty proposed.Exceptions:

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank records satisfactory reasons that it is not reasonably practicable to hold such inquiry; or 

(c) where the President or the Governor is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.The decision of the authority empowered to dismiss or remove such person or to reduce him in rank under clause (2) shall be final

.PUBLIC SERVICE COMMISSIONS

(Art. 315 to 322)

There shall be Public Service Commission for each State:

Two or more State provided by the Parliament

The UPSC may agree with the approvaol of the

President to serve all of any needs of the States.

316 & 317 Appointment and term of office of members

Powers to make regulars ion as to conditions of service of members and staff of the Commission:319: Prohibition as to holding the office by members

of Commission on ceasing to be such members.

320: Functions of PSC:

(1) to conduct examinations for appointments to the service

(2) framing and operating the schemes of joint recruitment for any services

(3) Render consultation

(a) relating to methods of recruitment to civil service

and civil post

(b) principles to be following in making appointments , promotions, transfers and on suitability of candidates for such appointments , promotions, transfers on all disciplinary matters including memorials or petitions relating to such matters. 

• (d) on any claim of civil servant incurring cost in defending legal proceedings instituted against him in respect of acts in the course of his service payable out of the Consolidated

Funds of the State.

(e) on any claim or award of a pension in respect of injuries sustained by a civil servant in the course of his service payable out of the Consolidated Funds of the State.

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Fundamental rights :

Article 14: Equality before law.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16: Equal opportunity in the matter

of public employment.

Article 19: Protection of certain rights regarding freedom of speech etc. 

(a) Freedom of speech and expression.

(b) to assemble peacefully and without arms.

© to form associations or unions

(d) to move freely throughout the territory of India.

(e) to reside and settle in any part of the territory of India.

(f) To practice any profession or to carry on any occupation, trade or business. 

Article 20: Protection in respect of conviction for offences: No person shall be convicted for any offence except for violation of a law in force at the time of commission of the act charges as an

offence nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of

commission of the offence. 

Article 21: Protection of life and personal liberty: (1) No person shall be deprived of his life or personal liberty except according to

procedure established by law.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be 

compelled to be a witness against himself.