Dismissal of J&K govt employees: What the Constitution says?

What is the News?

The Lt Governor of Jammu and Kashmir(J&K) has dismissed 11 J&K government employees for alleged terror links under provisions of Article 311(2)(c) of the Constitution.

About Article 311 of the Indian Constitution:

• 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.

Exceptions to Article 311(2):

• 2(a): It says that if a government employee is convicted in a criminal case, he can be dismissed without a Departmental Enquiry (DE).
• 2(b) – It says that the government employee can be dismissed if the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, it is not reasonably practicable to hold inquiry or
• 2(c): It says that the government employee can be dismissed when the President or the Governor is satisfied that in the interest of the security of the state.  It is not required to hold such an inquiry.

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.

Note: Section 126 of the constitution of the erstwhile state of Jammu and Kashmir too, laid down exceptions under which a person could be dismissed without holding an inquiry.