Civil Services Reforms

Dismissal of govt employees: What the Constitution says


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 ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’.
  • Under Article 311(2), no civil servant can be “dismissed 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 charges’’.
  • Subsection (c) of the provision, however, says this clause shall not apply “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”.

Remedy available

  • The only available remedy to a terminated employee is to challenge the government’s decision in the High Court.
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