Article 311 (2) (b) "EMPOWER IAS"

Context: 

• A suspended police officer was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) without a departmental enquiry.

 

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• He was arrested by the National Investigation Agency (NIA) in connection with the Mukesh Ambani terror scare case.
• Mumbai Police Commissioner dismissed him for service under Article 311 (2)(b) of the Indian Constitution.

 

Article 311:

• Article 311 (1) says that no government employee either of an all India service or a state government shall be dismissed or removed by an authority subordinate to the own that appointed him/her.
• Article 311 (2) says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

 

People Protected under Article 311: The members of

• •  
• Civil service of the Union,
• All India Service, and
• Civil service of any State,
• People who hold a civil post under the Union or any State.
• The protective safeguards given under Article 311 are applicable only to civil servants, i.e. public officers. They are not available to defence personnel.

 

Exceptions to Article 311 (2):

• •  
• 2 (a) - 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 (b) - 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
• 2 (c) - 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.

 

Safeguards for civil servants under Article 311

• Article 311 is meant to act as a safeguard for civil servants that gives them a chance to respond to the charges in an enquiry so that he/she is not arbitrarily dismissed from service.
• The article also provides exceptions to these safeguards under subclause 2 provision b. 
• In this case, Mumbai Police Commissioner  wrote that he was the competent disciplinary authority and was satisfied that holding a departmental enquiry against the police officer “will not be reasonably practicable.”

 

Exceptions where a person can be dismissed without departmental enquiry(DE)

• Conviction in criminal case: As per Article 311 (2)(a), if a government employee is convicted in a criminal case, he can be dismissed without DE.
• Security of state: Under Article 311 (2) (c), a government employee can be dismissed when the President or the Governor, as the case may be, is satisfied that in the interest of the security of state it is not expedient to hold such an enquiry, the employee can be dismissed without DE.

• They are invoked in exceptional circumstances. 
• Provision for legal appeal: The government employee dismissed under these provisions can approach either tribunals like the state administrative tribunal or Central Administrative Tribunal (CAT) or the courts.