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1975 Supreme(Del) 110

S.S.CHADHA, T.V.R.TATACHARI, V.D.MISRA, V.S.DESHPANDE, YOGESHWAR DAYAL
Y. P. GUPTA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.N.KIRPAL, B.N.LOKUR, RANI ARORA, S.K.Bagga, URMILA KAPUR, YOGESHVAR PRASAD

V. S. DESHPANDE

( 1 ) IT is generally assumed that there is greater constitutional and legal assurance of fair treatment and security of tenure in the sphere of public employment than in private employment (except for "workman" under labour legislation ). Employment under Government is par excellence, public. Article 12 of the Constitution, however, offers the protection of fundamental rights against the state which includes not only the Government but also Legislatures, local authorities and "other- authorities". Under Article 226 of the Constitution, writ petitions are maintainable not only against the Government but also against an "authority" for the enforcement of fundamental rights or any other purposes, i. e. enforcement of other rights.

( 2 ) THE tendency of the modern State (particularly in India) to regulate by or under legislation more and more activities gives a public character to these regulatory agencies. Questions have increasingly arisen as to what extent and for what purposes the employees of these new public bodies are entitled to the protection of Articles 14 and 16 of the Constitution, of the rules of natural justice and other reliefs which can be obtained in a































































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