Judgment

MADON, J. (for himself and on behalf of Y. V. Chandrachud CJI., Tulzapurkar, Pathak JJ. (Majority view):- The above Appeals by Special Leave granted by this Court and the above Writ Petitions filed either in this Court under Art. 32 of the Constitution of India or in different High Courts under Art. 226 and transferred to this Court raise a substantial question of law as to the interpretation of Arts. 309, 310 and 311 of the Constitution and in particular of what is now, after the amendment of clause (2) of Art. 311 by the Constitution (Forty-second Amendment) Act, 1976, the second proviso to that clause.

The Genesis of the Appeals and Writ Petitions

2. To understand what questions fall for determination by this Court in these Appeals and Writ Petitions, it is first necessary to sketch briefly how they have come to be heard by this Constitution Bench.

3. Article 311 of the Constitution confers certain safeguards upon persons employed in civil capacities under the Union of India or a State. The first safeguard (which is given by clause (1) of Art. 311) is that such person cannot be dismissed or removed by an authority subordinate to that by which he was appointed. The second s