What is Article 311 of the Constitution?
Article 311 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.
Can Article 311 be challenged court?
In observing that if there was a breach of a statutory rule made under Article 309 in relation to the conditions of service, the aggrieved Government servant could have recourse to the Court for redress, the Supreme Court was not laying down any general proposition that even in cases where Article 311 does not apply.
What is the meaning of reasonable opportunity in Article 311?
The reasonable opportunity of being heard Under Clause 2 of Article 311, the civil servants are provided with the right of being heard. This right embodies the principle of natural justice by giving a chance to the civil servant to prove his innocence.
What are the grounds regarding dismissal removal or rank reduction under the Union and states?
Article 311 (2) 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 IAS officer be terminated?
Yes, if a prima facie case is made out for grant of sanction for prosecution. Ministries/Departments where the officer is working [unlike section 19(1) of the PC Act, 1988, there is no concept of “who so ever is competent to remove/dismiss” in determining the competent authority] No. Q.
What are the legal and constitutional remedies against violation of Article 311 of the Constitution?
Answer. No removal or dismissal by an authority subordinate to the appointing authority. No removal or dismissal or reduction in rank, except after an inquiry affording reasonable opportunity of hearing.
What are the legal and constitutional remedies against violation of Article 311?
Who can dismiss IPS officer?
Simply speaking, only the President of India can suspend or dismiss IAS officers after reviewing their case. The central government also has rights in this matter. If the suspension is to last for more than a year, the Central Review Committee has to be consulted.
What is the Article 310?
Article 310 of the Constitution of India incorporates the English doctrine of pleasure by clearly stating that every person who is a member of a defence service or of a civil service of the Union or of an all India service or holds any post connected with defence or any civil post under the Union, holds office during …
Does IAS get pension after retirement?
Lifetime Pension: IAS officers are provided with the lifetime pension facility, as the Pension facility was reintroduced for all the government employees (other than the armed forces) from 1st January 2004 onwards.
What are the actions of the 311 program?
311 Actions Terrorist Finance Tracking Program Money Laundering Financial Action Task Force Protecting Charitable Organizations Financing the Government Treasury Quarterly Refunding Interest Rate Statistics Treasury Securities Treasury Investor Data Debt Management Research Financial Markets, Financial Institutions, and Fiscal Service
Is the welfare and Institutions Code section 3025.5 made available?
(b) The report shall not be made available other than as provided in subdivision (a) or Section 3025.5 , or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code .
What was Article 311 of the Constitution of India?
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State