Under Article 309 of the Constitution of India, the States are entitled to create their own Civil Services and lay down their own conditions of service, empowers State Legislatures to regulate the recruitment and the conditions of service of the Public Service of the States.
Article 310 ensures that every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.
Since the Governor is only the Constitutional Head of the State, the powers of the Governor here are those which are exercised by the State Cabinet. Hence, the Cabinet wields the real power of controlling all categories of services.
To hold Office during the pleasure of the Governor does not mean that a member of the Public Service can be dismissed arbitrarily by the Governor. There are certain Constitutional safeguards against such an action. These are embodied in Article 311 in the following manner –
- 1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a 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 charges:
There are, however, a few exception were the Civil Servants are not given all the facilities to defend themselves. There are –
- where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal charge; or
- where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
- where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.