MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAL 9.3 SERVICE LAWS

B.A.LL.B. (Hons.) Five-Year Integrated Degree Course
ACADEMIC YEAR: 2025-2026
5th YEAR, SEMESTER-IX

Designed and Developed by:

Prof. (Dr.) V.P. Tiwari
Professor of Law
Ms. Anuja Misra
Assistant Professor of Law

Modified By
Dr. Kailas Vasave

Course Instructors:
Dr. Kailas Vasave
Assistant Professor of Law

June, 2025
(Strictly for Private Circulation)
 SERVICE LAWS
Semester –IX June –December, 2025
Course Code BAL 9.3
Course Credit 5
Maximum Marks 100
Teaching Hours 80
Presentation Hours 15-18
Medium of Instruction English
Course Optional

Introduction
Today the law is in integral part of every aspect of an individual’s life; individuals who
wish to be part of a State which strives to develop a rule of law based on justness, fairness and
reasonableness. The reason for this development can only be attributed to a change of
philosophy as regards the role and function of the State. The change in the concept of the State
from ‘laissez faire’ to a ‘welfare state’ has led to the emergence of state activities in almost all
spheres of human life. With the phenomenal increase in the area of state operation, the State
was bound to take over a number of functions that were earlier left to private enterprise. In
order to help the State achieve the goals of good governance, public administration plays an
important role. Bureaucracy is the backbone of administration.
On 26th November 1949 India, adopted, enacted and gave to itself a Constitution which
promised to secure to its citizens JUSTICE, social, economic and political; LIBERTY of
thought, expression, belief, faith and worship; EQUALITY of status and of opportunity. This
was a humungous task and required for its accomplishment not only the political leadership
but also dynamic Civil Services, having attributes of accountability, transparency, trust and
respect of the people it serves. All India Civil Services was needed for the continuity of the
administration, and unity of the nation and also for establishing the rule of law and
constitutional governance without fear or favour, while enabling millions of citizens to claim
the rights guaranteed to them. In order to accomplish this national mission, the Constitution of
India created not only political leadership but also dynamic Civil Services, having attributes of
accountability, transparency, trust, and respect for the people it serves.
In a parliamentary system, as we have in India, while the responsibility of formulating
policies and programmes for achieving the aims and objects of the Constitution rests with the
elected representatives, the efficient administration of the government and the successful
execution of all policies, schemes or programmes or plans of the State or other authorities,
formulated to implement the objectives of the Constitution, substantially depends upon
members of the civil services. Civil Servants are expected to acquaint the Ministers with the
facts, pros and cons of a proposed policy and also their personal views and judgment. Such
views as expressed by the civil servant may appeal to the Minister or may not. But the
possibility that his views may not be liked by the minister should not deter the civil servant
from giving his honest advice.
Keeping in mind the enormous role expected to be played by the civil servant, it is the sine
qua non that they must be the best talent upholding the principles of merit, professionalism,
equality and fair play. It is to be ensured that those aspiring to be civil servants must not only
have the required skills and knowledge but also the right values which include integrity,
commitment to public service and above all, dedication to the ideas and philosophy embodied
in the Constitution. In order to ensure that the civil servants discharge their duties faithfully
and in an apolitical manner, without fear or favour, keeping in mind constitutional morality,
they too have been guaranteed, certain basic rights like all other citizens, right to equality
including equality of opportunity in all matters relating to employment or appointment to any
office under the State and further prohibition against discrimination on grounds only of
religion race, caste, sex, descent, place of birth or residence in respect of employment or
appointment under the State. Additionally, Article 310 incorporates the doctrine of pleasure,
which provides that every person who is a member of the civil services or holds any civil post
under the Union shall hold the office during the pleasure of the President and every member of
the civil services of the state shall hold the office during the pleasure of the Governor. Article
311, however, incorporates the conditions on the fulfillment of which alone any of the major
penalties, namely, dismissal or removal from service/compulsory retirement from service or
reduction in rank, could be imposed. The Constitution also provides for constitutional
remedies, namely for the enforcement of fundamental rights before the Supreme Court under
article 32 and for the enforcement of all legal rights, including fundamental rights, before the
high courts under article 226, and thereafter special leave to appeal by the Supreme Court
under article 136. All these articles were incorporated to secure, among others, security of
tenure, to regulate disciplinary proceedings and enforce rules of recruitment and all other
conditions of service, of public servants.
Module I discusses the evolution of the civil service system in India, the scope of service
laws and the essence of public ethics. Module II shall focus on the significance of public
service commissions and the process of recruitment for civil servants. Module III shall delve
into the concepts of different conditions of service like remuneration including both pay and
pension, matters of promotion, seniority, transfer, deputation and privileges like leaves.
Module IV discusses disciplinary matters against public servants and the details of
disciplinary proceedings leading to the infliction of punishments. Module V elaborately deals
with the doctrine of pleasure and the constitutional safeguards against the same along with
instances of termination of service and the kinds.
Course Objectives
During the last, a little over seventy years after the commencement of the Constitution, the
above-mentioned articles relating to public service in the Constitution of India, have come up
for interpretation in a large number of cases before the Supreme Court. The court has given
authoritative interpretations of these articles, bearing in mind the objectives of the Constitution
set out in the preamble and incorporated in various articles, which together constitute the
service law jurisprudence in India. The fundamental objectives of the course are to develop the
ability of students to:
 understand the nature and scope of Service Laws regulating the conduct of civil servants
in India;
 learn about the history of the civil service system and reforms in India with public service
ethics;
 analyze the need and significance of public service commissions and the process of
selection of civil servants leading to their appointment;
 examine the different conditions of service, the privileges and duties of civil servants such
as pay, promotion, transfer, leaves and other entitlements;
  understand the disciplinary control that is exercised over the public servants and the
departmental proceedings undertaken at such instances of misconduct; and
 analyse the doctrine of pleasure and constitutional protection offered to the civil servants.
Teaching Methodology
The course will be taught by blending of lecture-cum-discussion and case method. The
students would be informed in advance the topic for discussion and the topic of
project/assignment to be prepared. Further, students would be engaged in the class in group
exercise and simulations. Students are also required to undertake research to develop
independent thinking. Such research on an assigned topic and preparation of a project report
would be supervised by the faculty. In the classroom every student is required to present his/her
topic and to have his/her doubt cleared through discussion. The teacher will be helping and
guiding the students in their pursuits of legal learning.
Course Evaluation Method
The Course is assessed for 100 Marks in total by a close book application-based
examination system. There shall be a Mid-Semester Exam for 20 Marks and End Semester
Exam for 50 Marks. 25 Marks are allotted for the Project work which includes 20 Marks for
written research work and 5 Marks for presentation of Project. The question papers shall be
designed on a decided or under-trial case based; therefore, students are advised to take
classroom exercise seriously and to develop their own application base skills.
Course Outcomes
On completion of the Course the students shall gain an appreciation of scope of the subject
of Service Law, the related doctrines and principles of public services and public administration
in general. They shall understand the concepts evolved from the judge made law that has shaped
Service Law and its application in contemporary times. The students are expected to:
 possess the general understanding of the nature and detailed principles of Service Laws;
 analyse the philosophy and history behind growth and importance of public services and
the need for public ethics;
 develop an understanding of the importance of public service commissions and the
manner of appointment of civil servants;
 comprehend the incidents of relationship subject to the rights and privileges given to the
civil servants;
 be able to explain the departmental proceedings and actions taken against the civil
servants in instances of misconduct or unbecoming of a civil servant; and
 analyse the doctrine of pleasure and constitutional protection offered to the civil servants
and appreciate the laws, rules and regulations governing service conditions of public
servants before, during and after retirement.

***
 COURSE CONTENTS

Module-I: Evolution, Role and Importance of Civil Service [Teaching Hours 12]
1.1 Evolution and Present Status of Civil Servants in India: Organs of Government,
Public Administration and Bureaucracy.
1.2 ‘Public Service’ and Scope of Service Law: Employees under the State, Public Servant
definition, employees under agencies and instrumentalities of the State.
1.3 Civil Service System and Reforms in India: History of Indian Civil Service, Services
during East India Company, Macaulay Committee, Civil Services Examination.
1.4 Role of Civil Servants in Constitutional Governance
1.5 Public Service and Ethical Approaches: Ethics in Profession, Second Administrative
Reforms Commission Report, Nolan Principles.

Compulsory Reading:
 Samaraditya Pal, Law Relating To Public Service, 3nd Ed., LexisNexis, Gurgaon: 2011.
 Krishna K. Tummala, Civil Service System and Reforms in India in PUBLIC
ADMINISTRATION IN SOUTH ASIA, CRC Press Taylor & Francis Group (2013 Ed)
 Sangeeta Sharma, Public Service Ethics in India in PUBLIC ADMINISTRATION IN
SOUTH ASIA, CRC Press Taylor & Francis Group (2013 Ed)
 P.R. Dubhashi ‘A new Civil Service Philosophy’, EPW Vol.4 No. 23 (1969) pp 948-950

Judicial References
L. Chandra Kumar v. Union of India AIR 1997 SC 1125
Indian Airlines v. Sukhdeo Rai AIR 1971 SC 1828
U.P. Jal Nigam v. Narinder Kumar Agarwal (1996) 8 SCC 43
Nirmala J. Jhala v. State of Gujarat (2013) 4 SCC 301

Suggested Readings
1. M.P. Jain, Indian Constitutional Law, 7th Ed., Wadhwa & Wadhwa, Nagpur, 2004.
2. H.M. Seervai, Critical Commentary on Constitution of India, 4th Ed., Universal Books,
New Delhi, 1996.
3. M.P. Jain, Principles of Administrative Law, 6th Ed., Universal Law Publishing Company
Ltd., New Delhi, 2013.
4. Articles 14 to 16 and 315 to 323 of the Constitution of India and relevant Service Rules.

Module-II: Civil Servants and Public Service Commission’s [Teaching Hours 12]
2.1 Role of Public Service Commissions: Public Service Commissions, Role of Union
Public Service Commission and State Public Service Commissions, Constitutional
Provisions.
2.2 Recruitment and Process of Selection: All India Services and Central Services, methods
of recruitment, Examination, Interview and Viva-Voce, Select List.
2.3 Reservation: Reservation of Posts, inadequate representation, backward classes,
reservation in Public Employment, Changing Contours in reservation policy.
2.4 Appointments and Probation: Recruitment and Appointment, Right of appointment,
appointing authority, Probationary Appointment, Confirmation.
 2.5 Equality and Natural Justice Principles: Equal pay for equal work, equality and equity,
non-discrimination and equality in opportunities in matters of public employment,
conditions of service, and principles of natural justice.

Compulsory Reading:
 Samaraditya Pal, Law Relating To Public Service, 3nd Ed., LexisNexis, Gurgaon: 2011.
 Motiwal, Om Praksah, Right of Equal Opportunity of Civil Servants, 11JILI(1969),
http://hdl.handle.net/123456789/16062
 Tarunabh Khaitan, Beyond Reasonableness - A Rigorous Standard of Review for Article 15
Infringement, 50JILI (2008), pp. 177-208, http://hdl.handle.net/123456789/17795
 PP Rao, Right to Equity and the Reservations Policy,
42JILI(2000) pp.193-203 http://hdl.handle.net/123456789/17795
 Kumar, Virendra, Dynamics of Reservation Policy - Towards a more Inclusive Social
Order, Vol. 50, No. 4 (October-December 2008), pp. 478-517
50JILI(2008), http://hdl.handle.net/123456789/12821
Judicial References
Ashwini Kumar v. State of Bihar AIR 1997 SC 1628
N.T.BevinKatti v. Karnataka Public Service Commission AIR 1990 SC 1233
Union of India v. N.Hargopal AIR 1987 SC 1227
State of U.P. v. Rafiquddin AIR 1988 SC 162
Ajit Singh v. State of Punjab AIR 1999 SC 3471
Indra Sawhney v. Union of India AIR 1993 SC 477
K.S.Jayasree v. State of Kerala AIR 1976 SC 2381
Union of India v. TulsiramPatel AIR 1985 SC 1416
Ajit Singh v. State of Punjab AIR 1983 SC 494
Karnataka State Private College Association v. State of Karnataka (1992) 2SCC 29
Mrs. Asha Sharma v. Chandigarh Administration (2011) 10 SCC 86
Tej Prakash Pathak v. Rajasthan High Court (2013) 4 SCC 540
Secretary, State of Karnataka v. Umadevi (2006) 11 SCC 1
Anurag Kumar Singh v. State of Uttranchal (2016) 9 SCC 426
Workmen Rastriya Colliery Mazdoor Sangh v. Bharat Coking Coal Ltd2016 SCC OnLine SC 1089

Module-III: Incidents of Relationship and Conditions of Service [Teaching Hours 12]

3.1 Remuneration and Pay including Pension: Concept of remuneration as consideration,
Rules and Types of Pay, Pay Scale, Pay Commissions, Fixation.
3.2 Promotion and Seniority: Advancement to higher position, Valid Rules and
Considerations, kinds of promotion, Right to promotion, preference in position,
Confidential Report, Fixation of seniority and factors considered.
3.3 Transfer and Deputation: Change of place of employment, Implied Condition, Bona
fide exercise of power, same status, Deputation to another department, no right to
absorption.
3.4 Reversion and Reduction in rank: Reversion from higher to lower post, Punishment,
Distinction between reversion and reduction in rank.
3.5 Leave and Other Entitlements: Concept of Leave, Nature and Kinds of leave,
Intimation of leave, Right or no right, discretion and grant of leave, revocation of leave,
encashment.
Compulsory Reading:
 Samaraditya Pal, Law Relating To Public Service, 3nd Ed., LexisNexis, Gurgaon: 2011.
 Bharatiya, V.P.,No Reserve Discrimination_Egalitarian Differentiation for Job Reservations
(46-90), 33JILI(1991), http://hdl.handle.net/123456789/17326
 Pandit, Sameer, M. Nagraj V. Union of India_Legal and Theoretical Reflections,
49JILI(2007), http://hdl.handle.net/123456789/12780

Judicial References
Ali M.K. v. State of Kerala AIR 2003 SC 4006
UnikatSankunni Menon v. State of Rajasthan AIR 1968 SC 81
Supreme Court Employees’ Welfare Association v. Union of India AIR 1990 SC 334
Bank of India v. T.S.Kelawala (1990) 4SCC 744
D.S Nakara v. Union of India AIR 1983 SC 130
B.Varadha Rao v. State of Karnataka AIR 1987 SC 287
Bank of India Staff Union v. Bank of India (1996) II LLJ 1219
R.L.Gupta v. Union of India AIR 1988 SC 968
Nyadar Singh v. Union of India AIR 1988 SC 1979

Module-IV: Disciplinary Control [Teaching Hours 12]

4.1 Misconduct and Disciplinary Control: Misconduct, Disciplinary authority, proceedings
governed by rules, penalties: major and minor, amendment of rules during pendency of
proceedings.
4.2 Disciplinary Authority and Initiation of Proceedings: Initiation of proceedings, delay
in concluding proceedings, rules of evidence, procedure consistent with principles of
natural justice.
4.3 Enquiry and Taking Action: Preliminary enquiry, departmental enquiry, parallel
criminal proceedings, enquiry officer and functions, right to appeal.
4.4 Suspension: Suspension as punishment, suspension during completion disciplinary
proceedings, employee forbidden from discharging duties during enquiry against him,
subsistence allowance.
4.5 Disciplinary Proceedings after acquittal and retirement: imposition of penalties in
proceedings after retirement, resumption of disciplinary proceedings,

Compulsory Reading:
 Samaraditya Pal, Law Relating To Public Service, 3nd Ed., LexisNexis, Gurgaon: 2011
 Chari, V.K.T., A Note on Civil Servants-Disciplinary Proceedings,
5JILI(1963), http://hdl.handle.net/123456789/15094
 Narasimham, R.L., Right of Appeal to Public Servants in Disciplinary Matters,
5JILI(1963), http://hdl.handle.net/123456789/15072

Judicial References
1. S.Govinda Menon v. Union of India AIR 1986 SC 1274
2. V.P.Gindroniya v. State of M.P. AIR 1970 SC 1494
3. Bachhittar Singh v. State of Punjab AIR 1963 SC 395
4. M.Paul Anthony v. Bharat Gold Mines Limited (1999) 3 SCC 679
5. Rash Pal Yadav (Dr.) v. State of Bihar (1994) 5 SCC 267
6. A.K.Kraipak v. Union of India AIR 1970 SC 150
7. Union of India v. P.ChandraMouli (2003) 10 SCC 196
8. Krushnakant B. Parmar v. Union of India JT 2012 (2) SC 352
9. Burdwan Central Cooperative Bank Ltd v. Asim Chatterjee JT 2012 (1) SC 404
10. State Bank of India v Neelam Nag (2016) 9 SCC 491

Suggested Readings:
1. Doabia & Doabia, The Law of Services and Dismissals, 5th Ed. Lexis Nexis, Gurgaon: 2015
2. Relevant Service Rules
3. Articles 308 to 313 of the Constitution of India and relevant Service Rules
4. Soonavala, Supreme Court on Service Laws, 3rd Ed. Wadhwa & Wadhwa, Nagpur, 2003.

Module-V: Doctrine of Pleasure and Constitutional Protection [Teaching Hours 12]

5.1 Doctrine of Pleasure: Concept of doctrine in England, Article 310 of the Constitution of
India, role of Indian Judiciary.
5.2 Constitutional Safeguards: Article 311 of the Constitution of India, No dismissal by
subordinate authority, Application of principles of natural justice, audi alteram partem,
communication of reasons, and exceptions to protection.
5.3 Retirement: Compulsory/Premature retirement, Voluntary Retirement, Superannuation,
nature of retirement, prior opportunity of representation.
5.4 Termination for reasons other than misconduct: Concept of termination, no
termination without reasons, right of appeal.
5.5 Abolition of post and Abandonment of Service: Matter of policy not involving
discipline, opportunity of hearing necessary or not, appointment on revival of a post.

Compulsory Reading:
 Samaraditya Pal, Law Relating To Public Service, 3nd Ed., LexisNexis, Gurgaon: 2011.
 Kalpakam, P., DISPENSING WITH DEPARTMENTAL ENQUIRY, 28JILI(1986)
http://hdl.handle.net/123456789/17012
 Saxena, Hari Sharma, Tribunals and Natural Justice Principles, 38JILI(1996),
http://hdl.handle.net/123456789/17650

Judicial References
1. Parshottam Lal Dhingra v. Union of India AIR 1958 SC 36
2. State of U.P. v. Johri Mal (2004) 4 SCC 714
3. Moti Ram Deka v. General Manager, North East Frontier Railway AIR 1964 SC 600
4. Chandra Singh v. State of Rajasthan AIR 2003 SC 2889
5. Centre for PIL v. Union of India AIR 2011 SC 1267
6. Ramanatha Pillai v. State of Kerala AIR 1973 SC 2641
Suggested Readings:
1. Doabia & Doabia, The Law of Services and Dismissals, 5th Ed. Lexis Nexis, Gurgaon: 2015
2. Relevant Service Rules
3. Articles 226, 227 323-A & 323-B of the Constitution of India
4. The Administrative Tribunals Act, 1985
5. H.M. Seervai, Critical Commentary on Constitution of India, 4 nd Ed., Universal Law
Publishing Company ltd., New Delhi, 1996.

Constitutional and Statutory references:

 Constitution of India
 Administrative Tribunals Act, 1985
 Central Civil Services Rules
 Maharashtra Civil Services Rules