The beauty of Indian courts is that many do not follow the laws and / or precedents set even by SC, and they invent their own "laws". The basic reason is that they are non-accountable under the garb of "independence of judiciary". Although very late, it is time the government brings in the Judicial Accountability Bill, and reigns in the "wanted" types.
--- On Tue, 2/26/13, मानवसेवा <mankind.serviceindia@gmail.com> wrote:
From: मानवसेवा <mankind.serviceindia@gmail.com>
Subject: [IAC#RG] Supreme Court said -On joining Govt. service, a person does not mortgage or barter away his fundamental RIGHTs, in favour of the Govt.
To: "Babu Shetye" <shetyebabu@yahoo.com>
Cc: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Tuesday, February 26, 2013, 6:33 PM
One fails to understand the craziness of Indian Courts. SCI has said, " On joining Govt. service, a person does not mortgage or barter away his basic RIGHTs as a human being, including his fundamental RIGHTs, in favour of the Govt. The Govt., only because it has the power to appoint does not become the master of the body and soul of the employee. The Govt. by providing job opportunities to its citizens only fulfils its obligations under the Constitution, including the Directive Principles of the State Policy. The employee, on taking up an employment only agrees to subject himself to the regulatory measures concerning his service. His association with the Government or any other employer, like Instrumentalities of the Govt. or Statutory or Autonomous Corporations etc., is regulated by the terms of contract of service or Service Rules made by the Central or the State Govt. under the Proviso to Article 309 of the Constitution or other Statutory Rules including Certified Standing OrdeRS... The fundamental RIGHTs, including the RIGHT to Life under Article 21 of the Constitution or the basic HUMAN RIGHTS are not surrendered by the employee. (CAPT.M. PAUL ANTHONY Vs BHARAT GOLD MINES LTD. & ANR. DATE OF JUDGMENT: 30/03/1999 )
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