6. Article 311 of Constitution
6.1 Article 311 of the Constitution is reproduced below:
Article 311 of Constitution
“Dismissal, removal or reduction in rank of persons employed
in civil capacities under the Union or a State.–
(1) No person who is a member of a civil service of the Union
or an all-India service or a civil service of a State or holds a
civil post under the Union or a State shall be dismissed or
removed by an authority subordinate to that by which he was
appointed.
(2) No such person as aforesaid shall be dismissed or
removed or reduced in rank except after an inquiry in which
he has been informed of the charges against him and given
a reasonable opportunity of being heard in respect of those
charges:
Provided that where, it is proposed after such inquiry, to
impose upon him any such penalty, such penalty may be imposed
on the basis of the evidence adduced during such inquiry and it
shall not be necessary to give such person any opportunity of
making representation on the penalty proposed:
Provided further that this clause shall not apply —
(a) where a person is dismissed or removed or reduced
in rank on the ground of conduct which has led to his
conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove
a person or to reduce him in rank is satisfied that for
some reason, to be recorded by that authority in
writing, it is not reasonably practicable to hold such
inquiry; or
(c) where the President or the Governor, as the case
may be, is satisfied that in the interest of the security
of the State it is not expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question
arises whether it is reasonably practicable to hold such inquiry
as is referred to in clause (2), the decision thereon of the
authority empowered to dismiss or remove such person
or to reduce him in rank shall be final.”
6.2 The procedure laid down in Article 311 is intended to
assure, first, a measure of security of tenure to Government
servants, who are covered by the Article and secondly to provide
certain safeguards against arbitrary dismissal or removal of a
Government servant or reduction to a lower rank. These
provisions are enforceable in a court of law. Where there is an
infringement of Article 311, the orders passed by the disciplinary
authority are void ab initio and in the eye of law “no more than a
piece of waste paper” and the Government servant will be
deemed to have continued in service or in the case of reduction
in rank, in his previous post throughout.
6.3 The implications of the provisions of Article 311 have
been the subject of a close examination by several High Courts
and by the Supreme Court. In particular in the cases of (i)
Purushotham Lal Dhingra vs Union of India, AIR 1958 SC 36;
(ii) Khem Chand vs. Union of India, AIR 1958 SC 300 and (iii)
Union of India and another vs. Tlusiram Patel, 1985(2) SLR SC
576, the Supreme Court gave an exhaustive interpretation of
the various aspects involved and they provide the administrative
authorities authoritative guidelines in dealing with disciplinary
cases.
6.4 Articles 310 and 311 apply to Government servants,
whether permanent, temporary, officiating or on probation.
(Purushotham Lal Dhingra vs. Union of India, AIR 1958 SC 36)
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