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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.
Madhya Pradesh High Court Cites 6 - Cited by 31 - Full Document
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