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 that holding an inquiry is not in the interest of the security of the state, Rajesh can be dismissed without an inquiry.
• Section (3): If there is a dispute about whether it is practicable to hold an inquiry, the decision of the Chief Secretary will be final.

Example 2:

Scenario: Priya is an officer in the Indian Administrative Service (IAS) working under the Union Government. She is accused of financial irregularities in her department.

Application of Article 311:

• Section (1): Priya cannot be dismissed or removed by any authority lower than the one that appointed her, which is typically the President of India or a high-ranking official delegated by the President.
• Section (2): Before Priya can be dismissed, an inquiry must be conducted where she is informed of the charges and given a chance to present her defense.
• Section (2) Proviso (a): If Priya is found guilty of a criminal offense related to the financial irregularities, she can be dismissed without an inquiry.
• Section (2) Proviso (b): If the authority empowered to dismiss Priya believes it is not reasonably practicable to hold an inquiry (e.g., due to threats to the inquiry officers or tampering with evidence), they can dismiss her without an inquiry, but must document the reasons.
• Section (2) Proviso (c): If the President of India believes that holding an inquiry is not in the interest of national security, Priya can be dismissed without an inquiry.
• Section (3): If there is a question about the practicability of holding an inquiry, the decision of the authority empowered to dismiss Priya will be final.