ARTICLE 311(2) (C)

ARTICLE 311(2) (C)

Subject: Polity

Context: In the first such order, a J&K government teacher, who in the police records is a Tehreek-e-Hurriyat (TeH) supporter, was terminated from his services without holding any inquiry “in the interest of the security of the State”.

Concept:

• The J&K government has constituted a Special Task Force (STF) for identifying and scrutinising the government employees who are involved in any cases related to posing threat to the security or anti-national activities.
• STF will scrutinise cases of employees suspected of activities requiring action under Article 311(2)(C) of the Constitution.

Under provisons of Article 311 (2)(c):

• Where the President is satisfied that the retention of a person in public service is prejudicial to the security of the State, his services can be terminated without recourse to the normal procedure prescribed in Article 311 (2).
• The satisfaction referred to in the proviso is the subjective satisfaction of the President about the expediency of not giving an opportunity to the employee concerned in the interest of the security of the State.
• This clause does not require that reasons for the satisfaction should be recorded in writing.
• That indicates that the power given to the President is unfettered and cannot be made a justifiable issue, as that would amount to substituting the satisfaction of the court in place of the satisfaction of the President.

Safeguards to civil servants:

• Article 311(1) : It says that a civil servant cannot be dismissed or removed by any authority subordinate to the authority by which he was appointed.
• Article 311(2): It says that a civil servant cannot be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity to show cause against action proposed to be taken against him.