Q. With reference to safeguards provided to civil servants under Indian Constitution, consider the following statements:
1. A civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed.
2. A civil servant cannot be dismissed or reduced in rank except after an inquiry.
3. Safeguards under Article 311 of Indian Constitution are also available to the members of defence services.
How many statements given above are correct?

[A] Only One

[B] Only Two

[C] All Three

[D] None Four

Answer: B
Notes:

Exp) Option b is the correct answer.

Statement 1 is correct. Article 311 provides safeguards to civil servants against any arbitrary dismissal from their posts. According to it, a civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed.

Statement 2 is correct. Second safeguard is that a civil servant cannot be dismissed or removed or reduced in rank except after an inquiry. In inquiry, he must be informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Statement 3 is incorrect. Safeguards under Article 311 of Indian Constitution are not available to the members of defence services.The safeguards under Article 311 are available only to the members of the civil services of the Centre, the all-India services, the civil services of a state or to persons holding civil posts under the Centre or a state. They are not available to the members of defence services or persons holding military posts.

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