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What the Constitution says on Dismissal of govt employees?

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

What the Constitution says on Dismissal of govt employees?


Context:

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.

 

Constitutional provision:

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”.

 

Remedy available:

The only available remedy to terminated employees is to challenge the government’s decision in the High Court.

 

Insta Curious: 

Do you know what the Doctrine of Pleasure is? Read Here

 

InstaLinks:

Prelims Link:

  1. About Article 311(2).
  2. Safeguards available to civil servants under the constitution.

Mains Link:

Write a note on safeguards provided to civil servants under the constitution.

Sources: Indian Express.