Constitution Section 311 — Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
Part XIV — SERVICES UNDER THE UNION AND THE STATES — CHAPTER I.— SERVICES
Administrative Law
Summary
A government employee who holds a civil post under the Union or a State cannot be fired or removed by an official lower in rank than the one who appointed them. Before being fired, removed, or demoted, the employee must be told the charges against them and given a fair chance to respond in a formal inquiry. After the inquiry, the penalty can be imposed based on the evidence presented, and the employee does not need to be given another chance to argue against the proposed penalty. However, this inquiry requirement does not apply if the employee has been convicted in a criminal case, if the dismissing authority decides in writing that holding an inquiry is not reasonably practical, or if the President or Governor decides that an inquiry would harm state security. If there is any question about whether holding an inquiry is reasonably practical, the decision of the dismissing authority on that matter is final.
Official Text
(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 State shall be dismissed or removed by an 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 his 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.