Conduct & Disciplinary Rules – 64

CCS Rules & Principles of Natural justice

I.     Extract from the Constitution of India

ARTICLE 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.

(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.”

II.  CONSTITUTIONAL SAFEGUARDS TO CIVIL SERVANTS AND NATURAL JUSTICE

Article 311, which has been called as "unique in world constitutionalism" places two restrictions on the prerogative of dismissal at pleasure. It reads thus;

Art. 311 : Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or 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.

2.        No such person as aforesaid shall be dismissed or removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.....

A bare reading of the above provisions makes it clear that -

(i) Persons employed in civil capacities under the Union or the State shall not be dismissed or removed by an authority subordinate to that by which he was appointed; and

(ii) No such person shall be dismissed or removed or reduced in rank except after an enquiry as provided in clause (2)

In order to enjoy these constitutional protections, there must exist a master-servant relation between the State and the person said to be holding a post under it.

The provisions of Article 311 are applicable both to permanent and temporary servants but has no application -

(a) to persons in military service

(b) to persons who do not serve under Union or a State but under a statutory corporation, such as Life Insurance Corporation etc.