Ram Sewak Mishra vs The State Of Madhya Pradesh on 10 April, 2017
53. The majority view in Babu Ram Upadhya case is no longer
good law after the decision in Moti Ram Deka case. The theory
that only the President or the Governor is personally to exercise
the pleasure or dismissing or removing a public servant is
repelled by express words in Article 311 that no person who is a
member of the civil service or holds a civil post under the Union
or a State shall be dismissed or removed by authority
subordinate to that by which he was appointed. The words
"dismissed or removed by an authority subordinate to that by
which he was appointed" indicate that the pleasure of the
President or the Governor is exercised by such officers on whom
the President or the Governor confers or delegates power.