Article 311

•   Such protections against arbitrary dismissal, removal or reduction in rank are given to the civil servants under Article 311.

• It applies to members of:
  • Civil services of the Union.
  • All-India Services.
  • Civil services of a State.
  • (a) Persons in the civil services of Union or State.
• Article 311(1): A person under the Article cannot be dismissed or removed by an authority subordinate to the authority which appointed him.
• So under Article 311(2), no person shall be dismissed, removed or reduced in rank without an inquiry in which he is informed of the charges against him and given a reasonable opportunity of being heard.
• There are three and only three sub-clauses of Article 311 — (3): Where a question arises as to whether it is reasonably practicable to hold an inquiry, the decision thereon of the authority competent to dismiss or remove him shall be final.

Exceptions to Article 311(2)

 The inquiry shall not be necessary in the following cases:

• Relevance of conviction for a criminal charge — Dismissal, removal or reduction in rank on the ground of conduct which led to his conviction on a criminal charge.
• Impracticability of enquiry: Where the disciplinary authority records in writing its reasoned opinion that holding an enquiry is not reasonably practicable.
• 1Security of the State: If the President or the Governor is satisfied that to hold an inquiry would not be expedient in public interest having regard to the security of the State.

Prelims Practice Questions

Q1. Article 311 of Indian constitution relates to:

(A) Recruitment to civil services

(B) Protections from dismissal, removal or reduction in rank for civil servants

(C) All-India Services

(D) Public Service Commissions

Answer: (B)

Article 311 offers constitutional protection to the mentioned civil servants against any removal, dismissal or reduction in rank.

Q2. In which of the following cases can an inquiry be omitted under Article 311(2)?

1.       If it the person has been convicted for an offence.

2.       An inquiry cannot be held with reasonable practicability and the reason is recorded in writing.

3.       Where the President or Governor is satisfied that in the interest of the security of the State, inquiry is not expedient.

(A) 1 only

(B) 1 and 2 only

(C) 2 and 3 only

(D) 1, 2 and 3

Answer: (D) 1, 2 and 3

The provisos provide these three exceptions to the ordinary requirement of a departmental inquiry.