Volume : III, Issue : X, October - 2013

Dismissal, Removal or Reduction in Rank of Civil Servants: Kenyan and Indian Perspective

Ratemo Tom Junior,

Abstract :

Both the Constitutions of Kenya and India lay down elaborate mechanisms under which a Government servant may be dismissed, removed or reduced in rank from the civil post. The procedure laid down in Part Two, Chapter Thirteen of the Constitution of Kenya and Chapter One, Part XIV of the Constitution of India is basically intended to assure not only a measure of security of tenure to Government servants but also to provide certain safeguards against arbitrary dismissal or removal or reduction in rank of a Government servant. Thus, where there is an infringement of the said provisions, the orders passed by any disciplinary authority become void ab–initio and in the eye of law ‘no more than a piece of waste paper’. This paper establishes various constitutional provisions in existence both in Kenya and India that are intended to safeguard civil servants from arbitrarily misuse of power by certain Government authorities

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Article: Download PDF   DOI : 10.36106/ijar  

Cite This Article:

Ratemo Tom Junior / Dismissal, Removal or Reduction in Rank of Civil Servants: Kenyan and Indian Perspective / Indian Journal of Applied Research, Vol.3, Issue.10 October 2013

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