Even an officer of normal department can't defend victimization by seniors in India and Police is the most powerful department.Supreme Court said , " The apathy of the State Government in taking effective action against the erring Police Officers leads to an impression that in the State of Gujarat, Police appears to have upperhand, as the administration was hesitant in taking action against the erring Police Officers. " (AIR 1991 SC 2176 Delhi Judicial Service Association v. State of Gujarat) But it is also 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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