Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 311
Mains level: Civil services reforms
Lt Governor has dismissed 11 Jammu and Kashmir government employees for alleged terror links under provisions of Article 311(2)(c) of the Constitution.
What is Article 311?
- Article 311 of the Constitution deals with âDismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a Stateâ.
- Under Article 311(2), no civil servant can be âdismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard in respect of those chargesââ.
- Subsection (c) of the provision, however, says this clause shall not apply âwhere 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 inquiryâ.
Remedy available
- The only available remedy to a terminated employee is to challenge the governmentâs decision in the High Court.
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