P.N.RAVINDRAN, DEVAN RAMACHANDRAN
STATE OF KERALA – Appellant
Versus
SAJI D. ANAND – Respondent
Devan Ramachandran, J.
These writ appeals, at the instance of the State of Kerala, calls into question the sweep, ambit and purlieu of the time tested and time honoured Doctrine of Pleasure. This doctrine began its life as a common law rule. It had its origins in England and began as a convention of the British law. Under this doctrine a public servant holds office during the pleasure of the crown and can be dismissed from service by the crown at its pleasure. The civil servant under it is susceptible to dismissal without cause, without being legally competent to claim damages for wrongful dismissal or premature termination.
2. The hyposthsis of this doctrine is traced to the Maxim “Durente Bene Placito” which literally means “during pleasure”. As per this maxim, the tenure of office, except where it is otherwise specifically provided by the statute, can be terminated at any time without any cause being assigned.
3. In these appeals, the State of Kerala has challenged the judgment of the learned Single Judge, wherein the removal of the members earlier nominated by the Government, to three different statutory boards, namely, the Kerala Labour Welfare Fund Board, the Kerala Mi
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