Article 311 of CoI : Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.

Explanation using Example

Example 1:

Scenario: Rajesh is a government employee working in the civil services of the State of Maharashtra. He was appointed by the Chief Secretary of the state. One day, Rajesh is accused of misconduct at work.

Application of Article 311:

• Section (1): Rajesh cannot be dismissed or removed from his position by any authority lower than the Chief Secretary, who appointed him.
• Section (2): Before Rajesh can be dismissed, an inquiry must be conducted where he is informed of the charges against him and given a reasonable opportunity to defend himself.
• Section (2) Proviso (a): If Rajesh is convicted of a criminal charge related to his misconduct, he can be dismissed without the need for an inquiry.
• Section (2) Proviso (b): If the Chief Secretary believes it is not reasonably practicable to hold an inquiry (e.g., due to Rajesh's continuous absence or threats to witnesses), the Chief Secretary can dismiss Rajesh without an inquiry, but must record the reasons in writing.
• Section (2) Proviso (c): If the Governor of Maharashtra believes t...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.