Understanding Article 311
Application of Article 311 in Service Dismissals: Article 311 of the Indian Constitution deals with the dismissal, removal, or reduction in rank of persons employed in civil capacities under the Union or a State. It ensures that no government servant is dismissed or reduced in rank without being given a reasonable opportunity of being heard. This provision safeguards employees from arbitrary actions by authorities.
Static GK fact: Article 311 is part of Part XIV of the Indian Constitution, which deals with Services under the Union and the States.
Clause 2(b) and its significance
While the article emphasizes the importance of inquiry, Clause 2(b) creates an exception. It allows the competent authority to dismiss a person without a departmental inquiry if it is not reasonably practicable to hold such inquiry. The reasons must be recorded in writing by the authority.
This clause is generally invoked in cases where holding an inquiry may harm public interest, compromise security, or affect administrative functioning.
Static GK fact: The Constitution was framed to balance the rights of civil servants with the need to maintain discipline and integrity in public service.
Case of Tiruvannamalai Constables
Recently, the Superintendent of Police, Tiruvannamalai, dismissed two constables attached to Tiruvannamalai East Police Station. The dismissal was made under instructions of the Inspector-General of Police, North Zone, by invoking Article 311(2)(b).
The SP justified the order stating that it was not practical to hold a departmental inquiry and their retention in service was against public interest.
Previous Instances
The first dismissal under Article 311 in Tamil Nadu occurred in Madurai on April 11, 2023. A police inspector was removed without inquiry after being arrested for extorting ₹10 lakh from a businessman. Her plea was later dismissed by the Madurai Bench of the Madras High Court, upholding the government’s power under this provision.
Static GK Tip: The Madras High Court is one of the three High Courts in India established in 1862 under the Indian High Courts Act along with Calcutta and Bombay.
Implications of Article 311
The use of Article 311 highlights the government’s power to act swiftly in cases where employees’ conduct threatens public safety, security, or integrity of service. While it bypasses the inquiry process, it is considered a necessary tool in exceptional circumstances.
At the same time, courts closely scrutinize such dismissals to ensure that the power is not misused and that the principles of natural justice are respected.
Static Usthadian Current Affairs Table
Application of Article 311 in Service Dismissals:
| Topic | Detail |
| Article 311 | Deals with dismissal, removal, or reduction in rank of civil servants |
| Clause 2(b) | Allows dismissal without inquiry if not reasonably practicable |
| Tiruvannamalai case | Two constables dismissed by SP invoking Article 311(2)(b) |
| Authority involved | Inspector-General of Police, North Zone instructed dismissal |
| First dismissal in TN | April 11, 2023, Madurai Police Inspector removed without inquiry |
| Court verdict | Madurai Bench of Madras High Court upheld dismissal |
| Purpose of clause | To act against employees whose retention is prejudicial to state security |
| Part of Constitution | Article 311 is included in Part XIV – Services under Union and States |
