Article 311: Key Points and Clarification by the Supreme Court

1. The Supreme Court in the case of State of Jharkhand vs. Rukma Kesh Mishra clarified that Article 311(1) does not require the appointing authority's approval to initiate disciplinary proceedings against a state employee.
2. However, it was emphasized that Article 311(1) does mandate the appointing authority's approval for dismissal.

About Article 311

Article 311 of the Indian Constitution deals with the dismissal, removal, or reduction in rank of individuals employed in civil capacities under the Union or State government. It ensures the protection of civil servants from arbitrary actions by the government.

1. Article 311(1):

1. This clause protects civil servants from being dismissed or removed by any authority subordinate to the appointing authority.
2. Key Point: It mandates the appointing authority's approval for dismissal or removal, but it does not require approval to initiate disciplinary proceedings.

2. Article 311(2):

1. This clause outlines that a civil servant cannot be dismissed, removed, or reduced in rank without being given a reasonable opportunity to be heard after a proper inquiry.
2. Key Point: It ensures procedural fairness by granting the employee the right to a hearing before any major action is taken against them.

 

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