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Article 311

  • IASbaba
  • May 16, 2022
  • 0
Indian Polity & Constitution
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In News: Three government employees were terminated by the J&K Government under Article 311 2(c)

Article 311:

  • Article 311 (1) says that no government employee either of an all India service or a state government shall be dismissed or removed by an authority subordinate to the one that appointed him/her.
  • Article 311 (2) says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

People Protected under Article 311: The members of

  • Civil service of the Union,
  • All India Service, and
  • Civil service of any State,
  • People who hold a civil post under the Union or any State.
  • The protective safeguards given under Article 311 are applicable only to civil servants, i.e. public officers. They are not available to defence personnel.

Exceptions to Article 311 (2):

  • 2 (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
  • 2 (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
  • 2 (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

Source: Indian Express

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