Article 311 of Indian Constitution

Article 311 of Indian Constitution: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State – Constitution Of India

(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 4 ***: 5 [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.


Constitution Of India Part 14 Services Under The Union And The States – Articles 308 to 323


Article 308 of Indian Constitution – Services Under The Union And The States

Article 308 of Indian Constitution: Services Under The Union And The States Article 308 Services Under The Union And The States - Constitution Of India In this Part, unless the context otherwise requires, the expression “State” 1 [does not include the State of Jammu and Kashmir]. Constitution Of India Part ...

Article 309 of Indian Constitution

Article 309 of Indian Constitution: Recruitment and conditions of service of persons serving the Union or a State Article 309 Recruitment and conditions of service of persons serving the Union or a State - Constitution Of India Subject to the provisions of this Constitution, Acts of the appropriate Legislature may ...

Article 310 of Indian Constitution

Article 310 of Indian Constitution: Tenure of office of persons serving the Union or a State Article 310 Tenure of office of persons serving the Union or a State - Constitution Of India (1) Except as expressly provided by this Constitution, every person who is a member of a defence ...

Article 311 of Indian Constitution

Article 311 of Indian Constitution: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State - Constitution Of India (1) No person who ...

Article 312 of Indian Constitution – All India Services

Article 312 of Indian Constitution: All India Services Article 312 All India Services - Constitution Of India (1) Notwithstanding anything in 1 [Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting ...

Article 313 of Indian Constitution – Transitional Provisions

Article 313 of Indian Constitution: Transitional Provisions Article 313 Transitional Provisions - Constitution Of India Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to ...

 

Leave a Reply Cancel reply

Exit mobile version