Exp) Option a is the correct answer.

Under the Constitution, the civil servants are conferred personal immunity from legal liability for official contracts. This means that the civil servant who made a contract in his official capacity is not personally liable in respect of that contract but it is the government (Central or state) that is liable for the contract.

Statement 1 is incorrect: Criminal proceedings can be instituted against them for acts done in their official capacity, with the prior permission of the president or the governor, where necessary.

Statement 2 is correct: Civil proceedings can be instituted against them for anything done in their official capacity after giving a two months’ advance notice. However, no such notice is required when the action is to be brought against them for the acts done outside the scope of their official duties.

Statement 3 is incorrect: According to Article 311: a. A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed. b. A civil servant cannot 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.

However, the second safeguard (holding inquiry) is not available in the following three cases. In these three cases, a civil servant can be dismissed or removed without an inquiry.

1. Where a civil servant is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
2. Where the authority empowered to dismiss or remove a civil servant or to reduce him in rank is satisfied that for some reason (to be recorded in writing), it is not reasonably practicable to hold such inquiry; or
3. Where the president or the governor is satisfied that in the interest of the security of the state, it is not expedient to hold such inquiry.