Article 311

Article 311 of the Constitution of India

Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

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.(It was in the news in around oct 2006 for the reason that the PM made a strong plea for corruption-free government.The Administrative Reforms Committee headed by Veerappa Moily is examining the issue of removal of this key provision in the constitution which gives immunity cover to dishonest civil servants.The Santhanam committee on prevention of corruption and the National Commission to review the working of the constitution headed by justice M. Venkatachaliah also suggested the revisiting of article 311.)
   
   
2. No such person as aforesaid shall 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:
   
   Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply-
   1. where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
   2. where the 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 inquiry; or
   3. where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.
      
      
3. If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

Clause (1) of Article 311 clearly limits the application of the provisions of the Article to members of Civil Services of the Union or of All India Services or Civil Services of the States or holders of civil posts under the Union or a State. It does not cover members of the Defense Services or those holding posts connected with the defense including civilian personnel working on posts connected with defence and paid from Defence Estimates. [It may, however, be noted that civil Government servants in defence services have been brought under the purview of the Central Civil Services (Classification, Control and Appeal) Rules, 1965]. Employees of public undertaking or of independent corporate bodies are not holders of civil posts and are not covered by Article 311 except Government servants who are on deputation to such undertakings or corporate bodies.