Article 311 of the Indian Constitution deals with:a)Recruitment and co...
In News: Recently, the Lt Governor of Jammu and Kashmir (J&K) has dismissed 11 government employees for alleged terror links under provisions of Article 311 (2)(c) of the Constitution. Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’. Under Article 311 (2), no civil servant can be “dismissed or removed or reduced in rank except after an inquiry in which he has been informed o f the charges and given a reasonable opportunity o f being heard in respect o f those charges” .
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Article 311 of the Indian Constitution deals with:a)Recruitment and co...
Article 311 of the Indian Constitution deals with: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
Article 311 of the Indian Constitution provides certain safeguards to government officials who are employed in civil capacities under the Union or a State. It lays down the procedure to be followed for their dismissal, removal, or reduction in rank. This article ensures that these officials are not arbitrarily or unfairly treated and are given an opportunity to defend themselves.
Key provisions of Article 311:
1. Protection against dismissal, removal, or reduction in rank: Article 311(1) states that no government official can be dismissed, removed, or reduced in rank except after an inquiry in which he/she has been informed of the charges against them and given a reasonable opportunity to be heard in their defense.
2. Exceptions: However, there are two exceptions to this provision. Article 311(2) allows the government to dismiss, remove, or reduce the rank of an official without conducting an inquiry in the following cases:
- If the official is dismissed or removed or reduced in rank on the ground of conduct which has led to his/her conviction in a criminal court.
- If the official is dismissed or removed or reduced in rank on the ground of conduct which has led to his/her conviction in a departmental inquiry.
3. Submission of report: Article 311(2) also requires that the grounds on which an official is dismissed, removed, or reduced in rank must be communicated to them in writing. A report of the inquiry must also be submitted to the higher authority for review.
4. Right to representation: Article 311(2) further provides the right to representation. The government official has the right to be represented by a lawyer or an authorized person during the inquiry.
5. Protection of tenure: Article 311(2) protects the tenure of government officials by ensuring that they cannot be dismissed or removed or reduced in rank by an authority subordinate to the one by which they were appointed.
6. Review by the Public Service Commission: If a government official intends to challenge the decision of dismissal, removal, or reduction in rank, Article 311(2) allows them to appeal to the Public Service Commission.
Conclusion:
Article 311 of the Indian Constitution provides essential safeguards to government officials employed in civil capacities. It ensures that no official is dismissed, removed, or reduced in rank without a fair inquiry and an opportunity to present their defense. This article upholds the principles of natural justice and protects the tenure of government officials.
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