Dismissal without inquiry
Also called: Article 311(2) second proviso · Topic: Civil Services: Role, Accountability and Reforms · NCERT: Beyond NCERT
Meaning
Article 311(2) protects a civil servant from being dismissed, removed or reduced in rank without an inquiry. Before any of these, the officer must be told the charges and given a fair chance to be heard. The second proviso to Article 311(2) lists three cases where the government can skip this inquiry:
- the officer is punished for conduct that led to a criminal conviction;
- the authority finds an inquiry "not reasonably practicable" and records its reasons in writing;
- the President or Governor decides that an inquiry is not wise in the interest of the security of the State.
Under Article 311(3), the authority's decision that an inquiry is not reasonably practicable is final. This proviso matters because it is the main exception to a civil servant's protection under Article 311.
Example
Since 2021, government employees in Jammu and Kashmir have been dismissed under Article 311(2)(c), the security-of-the-State ground, without any inquiry. In Tulsiram Patel (1985), the Supreme Court upheld such dismissals. Courts can still check whether the power was used in bad faith.
Don't confuse with
- Premature retirement under FR 56(j): this is retirement in the public interest with three months' notice or pay. It is not a punishment, so Article 311 does not apply to it at all.