Article 311 In English | Article 311 Of Indian Constitution In English | What Is Article 311

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Article 311 Of Indian Constitution In English

Article 311 – Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
(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 a 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 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 ins 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.

Indian Constitution part 14 articles

Article 311 In English

311 Article – The dismissal, dismissal or reduction of office of persons employed in civil capacities under the Union or a State.
(1) No person who is a member of the Civil Service of the Union or the All India Service or the Civil Service of a State or holds a civil post under the Union or a State shall be dismissed or removed by any authority subordinate to him. to which he was appointed.
(2) No person shall be dismissed or removed or reduced in rank except after he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges, provided that Where it is proposed, after such inquiry, to impose any such fine on him, on the basis of the evidence added in the course of such inquiry, such fine may be imposed and it is necessary to give such person an opportunity of representation on the proposed punishment. shall not: 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 him being convicted of a criminal charge; either
(b) where the authority has empowered any person to dismiss or remove or reduce him in rank, is satisfied that for any reason to be recorded in writing by that authority, such inquiry shall be properly made. is not practical; either
(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 relation to any such person aforesaid, the question arises whether it is expediently practicable to hold such inquiry referred to in clause (2), the decision of the authority authorized to dismiss or remove that person or will be the last to reduce him in rank.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 311 Of Indian Constitution?

Article 311 Debate Summary

Draft Article 282B (Article 311 Constitution of India 1950) The draft constitution was absent in 1948. It was introduced by the Chairman of the Drafting Committee on 7 September 1949. The draft Article 282B discussed how a member of the Union and State civil services should be dismissed. The Office.

It states that a lower rank officer cannot dismiss a member of the civil service, who is of a higher rank. In addition, before dismissal or reduction in rank, the civil service authority should have an opportunity to explain itself. However, such an opportunity cannot be given to a civil service officer in three cases – (i) for security reasons, (ii) practical issues or (iii) dismissal because of a criminal conviction.

The Assembly discussed the draft Article 282B on 8 September 1949. One member proposed that a civil service officer should be dismissed only by the Union Public Service Commission or the State Public Service Commission. He believed that the bureaucracy should be independent of the control of the ministries. Therefore, he suggested that the power to remove or dismiss a civil service officer should rest with the Public Service Commissions.

Another member felt that the grounds for denying an opportunity of being heard to a civil servant officer prior to dismissal were too broad and the protection given to civil servant officers was being curtailed. Some members suggested alternatives to the grounds stated in the draft article, though the assembly rejected these amendments.

Some members wanted that the opportunity of being heard should be denied in cases where a person is convicted of an offense involving moral turpitude rather than a criminal offence. To address this concern it was suggested that criminal punishment is based on varying factors and may not always be accurate.

The Chairman of the Drafting Committee clarified that the draft Article lists the grounds for not providing an opportunity of being heard and not the grounds for dismissal. He said that Parliament and state legislatures have the power to make laws for the dismissal of civil servant officers. Further, he mentioned that the deprivation of opportunity of being heard can be challenged in an appeal before the Public Service Commission.

The Assembly rejected all the proposed amendments and adopted the draft Article 282B on 8 September 1949. After the constitution came into force in 1950, minor language changes were made in Article 311. is imposed against a civil service officer, there is no need for a separate hearing to determine the amount of fine.

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