Article 311 of the Costitution of India with Case law
🔹 Article 311 of the Constitution of India
Title: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
🔸 Full Text of Article 311
311(1):
No person who is a member of a civil service of the Union or 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.
311(2):
No such person shall be dismissed, 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.
Proviso to Clause (2) – Inquiry not required in three cases:
(a) When the person is convicted on a criminal charge.
(b) When it's not reasonably practicable to hold an inquiry.
(c) When holding the inquiry is against national security (President or Governor must be satisfied).
🔸 Purpose of Article 311
Article 311 is a protection against arbitrary dismissal for civil servants, ensuring:
Fairness in disciplinary proceedings
Due process before punitive action
Prevention of political victimisation
It embodies the principle of natural justice.
🔸 Key Elements Summarised
| Provision | Meaning |
|---|---|
| 311(1) | Only authority equal to or higher than appointing authority can dismiss |
| 311(2) | Employee must be given charge-sheet and chance to defend |
| Exceptions | No inquiry needed in 3 exceptional cases (conviction, impracticability, national security) |
🔸 Important Case Laws on Article 311
🧑⚖️ Shyamlal v. State of Uttar Pradesh, AIR 1954 SC 369
Held: Compulsory retirement is not a “dismissal” or “removal” under Article 311.
Hence, Article 311 protections don’t apply to compulsory retirement if not penal.
🧑⚖️ Union of India v. Tulsiram Patel, AIR 1985 SC 1416
Landmark judgment on proviso (b) and (c).
Held:
Clause (2) protections can be denied only in genuine and proven cases under the provisos.
Principles of natural justice must be followed unless specifically excluded.
🧑⚖️ Khem Chand v. Union of India, AIR 1958 SC 300
Held: “Reasonable opportunity” includes:
Supply of charge-sheet
Personal hearing
Right to produce evidence
Cross-examination of witnesses
Right to representation
🧑⚖️ Narendra Kumar v. Union of India, AIR 1961 SC 532
Held: Dismissal by a lower authority than appointing authority is void under 311(1).
🧑⚖️ Union of India v. J. Ahmed, AIR 1979 SC 1022
Held: Misconduct must be proved through inquiry, and natural justice can’t be bypassed lightly.
🔸 Article 311 in Disciplinary Proceedings
A civil servant must be:
Served with charges in writing.
Given enough time and facilities to respond.
Allowed to cross-examine witnesses and produce own evidence.
Inquiry officer must be impartial.
Final decision must be reasoned and based on findings.
🔸 Exceptions to Inquiry
| Clause | Condition | Authority Must Certify |
|---|---|---|
| (a) | Conviction in criminal case | No |
| (b) | Inquiry not practicable (e.g., riots, threats) | Yes |
| (c) | Security of State would be affected | Yes |
🔸 Related Articles
| Article | Topic |
|---|---|
| Article 310 | "Doctrine of Pleasure" – Civil servants hold office at the pleasure of the President/Governor |
| Article 311 | Limits the power under Article 310 with safeguards |
🔸 Conclusion
Article 311 is a cornerstone of civil service protection in India.
It balances:
Executive authority to remove underperforming or corrupt officers
with
Safeguards against arbitrary, vindictive, or political dismissals
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