Part XIV: Services under the Union and the States

Article 311: Safeguards for Civil Servants

Original Article:

(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person shall be dismissed, removed, or reduced in rank except after an inquiry in which they have been informed of the charges and given a reasonable opportunity to be heard in respect of those charges, except under specific circumstances outlined in the provisos.

Explanation:

Article 311 protects civil servants from arbitrary dismissal or demotion, ensuring procedural fairness and upholding the principles of natural justice. The article includes safeguards like the right to an inquiry and prohibits removal by subordinate authorities.

Key Provisions:

Authority for Dismissal

Civil servants can only be dismissed or removed by authorities equivalent to or higher than those who appointed them.

Inquiry Requirement

An inquiry must be conducted, and the person must be given an opportunity to be heard before dismissal, except in cases like criminal conviction or situations impacting state security.

Historical Significance:

Article 311 reflects the need to balance executive authority with employee protections, ensuring that public servants can perform their duties without fear of arbitrary actions.

Real-Life Example:

The Supreme Court case of Union of India v. Tulsiram Patel clarified the exceptions to the inquiry requirement under Article 311, reinforcing its relevance in protecting civil servants.