Service Matters

Article 311 of Constitution of India

Article 311 of Constitution of India speaks about protection on Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State

(1) No 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 Slate shall be dismissed or removed by a authority subordinate to that by which he was appointed.

(2) 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;

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply–

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to hi s conviction on a criminal charge; or

(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

(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.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

Article 311 : Safeguarding the Rights of Temporary Employees

Article 311 of the Constitution of India stands as a bulwark against arbitrary dismissal or removal of government employees, including temporary ones.

This crucial provision ensures that no government servant is deprived of their livelihood without a fair and just inquiry.

Article 311 provides certain safeguards to government employees, both permanent and temporary, ensuring their protection against arbitrary dismissal, removal, or reduction in rank by their employers.

Right of Reasonable opportunity before Termination of Service

These safeguards include the right to a reasonable opportunity to defend oneself and the requirement of a proper inquiry before any adverse action is taken.

For temporary employees, Article 311 serves as a shield, offering them protection against summary dismissal or removal without due process.

It ensures that even temporary employees are entitled to a fair hearing and an opportunity to present their case before any adverse action is taken against them.

Supreme Court’s view on Article 311  

Over the years, the Supreme Court of India has delivered several landmark judgments interpreting and elucidating the provisions of Article 311, particularly concerning temporary employees.

These cases have played a pivotal role in defining the scope and application of Article 311 in safeguarding the rights of temporary government servants.

The Supreme Court held many times that the principles of natural justice must be followed even in cases of temporary employees.

The court emphasized that temporary employees cannot be terminated without being afforded a reasonable opportunity to be heard.

Applicability of Article 311 of Constitution of India 

In another significant case, Union of India v. Tulsiram Patel, the Supreme Court reiterated that temporary employees enjoy the protection of Article 311.

The court held that even though temporary employees do not have a right to the post, they are entitled to the protection of their service conditions and cannot be terminated arbitrarily.

Furthermore, in State of Punjab v. Sukh Raj Bahadur, the Supreme Court emphasized that the protection of Article 311 extends to temporary employees, and any adverse action against them must be supported by valid reasons and must be taken after due inquiry.

Similar observations have been made in the case of Manager Govt. Branch Press & Anr. v. D.B. & Belliappa [1979] 2 S.C.R. 458. It has been held that the protection of Articles 14 and 16 of the Constitution will be available even to a temporary Government servant if he has been arbitrarily discriminated against and singled out for harsh treatment in preference to his juniors similarly circumstanced.

In that case the service of Belliappa, a temporary Class IV employee was terminated without assigning any reason although in accordance with he conditions of his service, three other employees similarly situated, junior to Belliappa in the said temporary cadre, were retained.

The order of termination was held to be bad as it offended the equity clause in Article 14 and 16 of the Constitution.

These cases underscore the importance of Article 311 in safeguarding the rights of temporary government employees and ensuring that they are not subjected to arbitrary or unfair treatment by their employers.

Compliance of Principle of Natural Justice

Article 311 not only protects the tenure of government employees but also upholds the principles of natural justice and procedural fairness in administrative actions.

It serves as a safeguard against executive arbitrariness and ensures that government employees, including temporary ones, are treated with dignity and fairness in matters of their employment.

Conclusion : Article 311 of Constitution

In conclusion, Article 311 of the Constitution of India stands as a pillar of protection for government employees, including temporary ones, against arbitrary dismissal or removal.

Through judicial interpretation and application, this provision ensures that no employee is deprived of their livelihood without due process and a fair inquiry.

The Supreme Court’s pronouncements in various cases reinforce the significance of Article 311 in upholding the rights and dignity of government servants, irrespective of their employment status.

Whenever, Judiciary found any irregularities in disciplinary proceedings or non-compliance of Principal of Natural Justice. The Court made Judicial Intervention in Disciplinary Proceedings.

The Supreme Court has held many times that there will be No Termination without Departmental Inquiry.

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