Removal of Govt. Employees

News: Lt Governor Manoj Sinha has dismissed 11 Jammu and Kashmir government employees for alleged terror links under provisions of Article 311(2)(c) of the Constitution.

Relevant Articles:

  • 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’.
  • 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 of the charges and given a reasonable opportunity of being heard in respect of those charges’’.
  • Article 311(2)(a): The safeguard of an inquiry also does not apply in cases of conviction on a criminal charge.
  • Article 311(2)(b): The safeguard of an inquiry also does not apply “where the authority is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry”.
  • Article 311(2)(c): It also shall not apply “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 only available remedy to terminated employees is to challenge the government’s decision in the High Court.