Can the services of a permanent civil servant be dispensed with, without complying with the requirement of Article 311? Give reasons for your answer.

Question: Can the services of a permanent civil servant be dispensed with, without complying with the requirement of Article 311? Give reasons for your answer. [BJS 1991]

Find the answer to the mains question only on Legal Bites. [Can the services of a permanent civil servant be dispensed with, without complying with the requirement of Article 311? Give reasons for your answer.]

Answer

Article 311 of the constitution accords protection to Civil servants and the Services. Article 311, however, provides a check on the arbitrary dismissal and controls the Doctrine of Pleasure to a certain extent.

• Clause (1) of Article 311 states that a 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 not be dismissed or removed by an authority subordinate to that by which he was appointed.
• Clause (2) states that 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.

However, Article 311 cannot be invoked in cases of compulsory retirement in public interest and termination of service during probation or termination of service which was temporary for a fixed period. The two instances are:

1. In case of compulsory retirement – In Baikunth Das v. Chief Medical Officer [(1992) 2 SCC 299] it was held that the matter of compulsory retirement is on the basis of subjective satisfaction and not on the basis of any behavior. The proceedings are also not quasi-judicial and hence the principles of natural justice are not attracted.
2. In case of termination during probation – In this situation, the government is free to terminate the service of the probationer or temporary worker without the services of Article 311 becoming applicable.

Further, a conviction for criminal offense, impracticability, and inexpediency in the interest of the security of the State is recognized as exceptions to Article 311. Given under the clause:

1. Conviction on a criminal charge: Clause (a) of the provision provides the first exception for non-applicability of procedure under Article 311 when a person is dismissed or removed or reduced in rank on the ground of conduct which has laid to his conviction on a criminal charge. The rationale behind this exception is that a formal inquiry is not necessary in a case in which a court of law has already given a verdict.
2. Impracticability: Clause (b) of the proviso provides that where the appropriate disciplinary authority is satisfied, for reasons to be recorded by that authority in writing that it does not consider it reasonably practicable to give to the person an opportunity of showing cause, no such opportunity need be given. The use of this exception could be made in the case, where, for example, a person concerned has absconded or where, for other reasons, it is impracticable to communicate with him.
3. Reasons of security: Under proviso (c) to Article 311 (2), 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).

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Constitutional Law Mains Questions Series Part-I
2. Constitutional Law Mains Questions Series Part-I
3. Constitutional Law Mains Questions Series Part-II
4. Constitutional Law Mains Questions Series Part-IV
5. Constitutional Law Mains Questions Series Part-V
6. Constitutional Law Mains Questions Series Part-VI
7. Constitutional Law Mains Questions Series Part-VII
8. Constitutional Law Mains Questions Series Part-VIII
9. Constitutional Law Mains Questions Series Part-IX
10. Constitutional Law Mains Questions Series Part-X