News: Recently, a police officer was dismissed from the service by Mumbai Police Commissioner under Article 311(2)(b) of the Constitution without a departmental enquiry.
- 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 own 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 are 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.
- 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.
- The government employee dismissed under these provisions can approach either tribunals like the state administrative tribunal or Central Administrative Tribunal (CAT) or the courts.