Consider the following statements:1. Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’2. The government employee dismissed under Article 311 of Constitution cannot approach either tribunal or courts.Which of the statements given above is/are NOT correct?

Q. Consider the following statements:
1. Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’
2. The government employee dismissed under Article 311 of Constitution cannot approach either tribunal or courts.
Which of the statements given above is/are NOT correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: B

Notes:

Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’.

Subsections under Article 311:

Article 311(1): It says that no government employee either of an all-India service or a state government shall be dismissed or removed by an authority subordinate to the own that appointed him/her.
Article 311(2): It says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.
Can the dismissal under section 311(2) be challenged by the government employee? Yes, the government employee dismissed under these provisions can approach either tribunal or courts.

Source: EPIC, July 2021.

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