## CONSTITUTION 311

### CONSTITUTION 311 — Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
- https://unisonlegal.in/statutes/constitution/311

> 311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.-(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.
1[(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 2***:
3[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.]

1. Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3)
(w.e.f. 5-10-1963).
2. Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44
(w.e.f. 3-1-1977).
3. Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).
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