ARTICLE 311

ARTICLE 311

Subject : Polity

Context : Recently, the suspended police officer Sachin Waze was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) without a departmental enquiry.

Concept :

• Article 311 provides two safeguards to civil servants against any arbitrary dismissal from their posts.
• A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed.
• A civil servant cannot 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.
• The above two safeguards are available only to the members of the civil services of the Centre, the all-India services, the civil services of a state or to persons holding civil posts under the Centre or a state.
• It is not available to the members of defence services or persons holding military posts.

The second safeguard of holding inquiry is not available in the following three cases:

• Where a civil servant is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
• Article 311 (2) (b) Where the authority empowered to dismiss or remove a civil servant or to reduce him in rank is satisfied that for some reason (to be recorded in writing), it is not reasonably practicable to hold such inquiry; or
• Where the president or the governor is satisfied that in the interest of the security of the state, it is not expedient to hold such inquiry.

What is the process of a departmental enquiry?

• In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal chargesheet of the charges.
• The civil servant can represent himself/herself or choose to have a lawyer.
• The 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.
• The government employee dismissed under these provisions can approach either tribunals like the state administrative tribunal or Central Administrative Tribunal (CAT) or the courts.