Source: The Hindu (Article 311)
Why in News?
The Punjab government on Thursday dismissed a DSP-rank officer from service for allegedly facilitating the recording of an interview of gangster Lawrence Bishnoi in police custody.
Home Affairs Department Secretary, issued the dismissal order. The government invoked powers under Article 311 of the Constitution to dismiss DSP Gursher Singh Sandhu.
Article 311 of the Indian Constitution: Protection of Civil Servants
Article 311 protects civil servants from arbitrary dismissal, removal, or reduction in rank. It ensures that government employees are treated fairly and that their rights are safeguarded while maintaining administrative efficiency.
Key Provisions of Article 311:
- Clause (1): Only an authority equal to or higher than the one that appointed a civil servant can dismiss or remove them. This establishes accountability and fairness.
- Clause (2): A civil servant cannot be dismissed, removed, or reduced in rank without being given:
- A reasonable opportunity to defend themselves through an inquiry.
- An explanation of the charges against them.
However, there are exceptions under Clause (2), which allow dismissal or removal without an inquiry in cases where:
- The civil servant’s presence in the service is detrimental to national security.
- A tribunal or court has convicted the employee for a criminal offense.
- An inquiry is deemed impractical due to exceptional circumstances.
Way Forward:
To ensure accountability, decisions under this article should be transparent, well-documented, and open to judicial review if challenged.
