What is Article 311 of Indian Constitution?

About Article 311 of Indian Constitution:

• Article 311 lays down the procedure and safeguards to be followed before a government employee can be dismissed, removed, or reduced in rank.
• It acts as a shield against arbitrary actions by the government and upholds the principles of natural justice.
• The article states that no government employee can be dismissed, removed, or reduced in rank except after an inquiry in which they have been informed of the charges against them and given a reasonable opportunity to defend themselves.
• Under Article 311, a civil servant canonly be removed from his/her services by the authority who appointed him/her or some other person who has the same authority or rank as the appointing authority. 
• Article 311 provides for the dismissal, removal, or reduction in rank of government employees on two grounds:
  • Efficiency of the employee: If the employee’s performance or conduct is found to be unsatisfactory or detrimental to the efficient functioning of the government.
  • Conduct involving moral turpitude: If the employee is involved in any act of corruption, bribery, fraud, or any other offense involving moral turpitude.
• Before taking any action against a government employee, the following procedure must be followed:
  • Formulation of charges: The competent authority must formulate the charges against the employee, clearly stating the allegations and grounds for disciplinary action.
    • It is important to note that the grounds for dismissal, removal, or reduction in rank should be based on valid and justifiable reasons.
  • Providing the employee an opportunity to respond: The employee must be given a reasonable opportunity to respond to the charges and present their defense.
    • They have the right to be heard and to produce evidence in their favor.
  • Conducting an inquiry: An impartial inquiry should be conducted by a competent authority.
    • The employee must be given a fair chance to present their case and cross-examine any witnesses or evidence presented against them.
  • Consideration of inquiry report: After the inquiry, a report should be prepared, taking into account all the evidence and submissions made during the inquiry.
  • Decision-making: Based on the inquiry report, the competent authority should make a decision regarding the dismissal, removal, or reduction in rank of the employee.
    • The decision should be reasoned and communicated to the employee.
    • The decision must be reasonable, fair, and in accordance with the principles of natural justice.
• Exceptions to Article 311:
  • Security of the State: If the employee’s activities are deemed prejudicial to the security of the State, the President or the Governor, as the case may be, can dispense with the inquiry and take immediate action.
  • Efficiency in public service: If the President or the Governor is satisfied that it is in the interest of the security or efficiency of public service to do so, they can dispense with the inquiry and take appropriate action.
  • Probationary employees: Probationary employees, who have not yet acquired the right to hold a permanent position, can be dismissed or removed without an inquiry.
• Judicial Review: Article 311 also provides for judicial review of the decisions made under its provisions.
  • Remedies available to an aggrieved employee may include reinstatement, backwages, or any other relief deemed appropriate by the court.

Q1: What is the doctrine of pleasure?

The pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time. In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the States holds office during the pleasure of the Governor. In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government.

Source: Five policemen sacked in J&K in drug, terror cases

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