Article 311

Why in news?

• Suspended Maharashtra police officer Sachin Waze, arrested by the National Investigation Agency (NIA) in connection with the Mukesh Ambani terror scare case, was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) without a departmental enquiry.

About Article 311:

• Article 311 says that no government employee either of an all-India service or a state government shall be dismissed or removed by an authority subordinate to the one that appointed him/her.
• Section 2 of the article says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges
• In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal charge sheet of the charges.
• The civil servant can represent himself/herself or choose to have a lawyer.
• Witnesses can be called during the departmental enquiry following which the enquiry officer can prepare a report and submit it to the government for further action.
• Article 311 is a safeguard for civil servants that gives them a chance to respond to the charges in an enquiry so that he/she is not arbitrarily dismissed from service.

Exemptions:

•  The article also provides three exceptions to these safeguards under subclause 2.
• One exemption is when an 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 enquiry.
• Second, if a government employee is convicted in a criminal case, he can be dismissed without DE.
• Apart from this, under 311 (2) (c), a government employee can be dismissed when the President or the Governor, as the case may be, is satisfied that in the interest of the security of state it is not expedient to hold such an enquiry, the employee can be dismissed without DE.

Can the dismissal under section 311 (2) be challenged?

• Yes, the government employee dismissed under these provisions can approach either tribunals like the state administrative tribunal or Central Administrative Tribunal (CAT) or the courts.

Prelims Question

Consider the following statements on Article 311 of Indian constitution:
1.It applies only to members of All India Service only.
2.It allows government to dismiss employees  without an enquiry if it is interest of security of state.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to Prelims question