Why in News?

After his arrest in connection with the Ambani terror case, Waze was dismissed from services under Article 311(2)(b) of the Constitution.

Syllabus– GS2: Role of Civil Services.

Background: –

• Suspended assistant police inspector Sachin Waze, arrested by the NIA in the case of an explosives-laden SUV found near industrialist Mukesh Ambani’s house and the murder of businessman Mansukh Hiran, was on Tuesday dismissed from police service, an official said.
• The order terminating Waze’s service was issued by Mumbai police commissioner Hemant Nagrale, said a spokesperson of the city police.

Article 311:

• Article 311 of the Constitution and related sub-sections deal with “dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State on certain grounds.
• It is meant to act as a safeguard for civil servants that give them a chance to respond to the charges in an enquiry to prevent arbitrary dismission.

What clause 2(b) of the 311 article says?

• It is an exception to the safeguards provided in article 311.
• It empowers the authority, to dismiss or remove or to reduce a rank of the person, without any enquiry if it satisfies that for some reason.

Safeguards under Article 311:

• Article 311 says that no authority’s worker both of an all India service or a state authorities shall be dismissed or eliminated by an authority subordinate to the personal that appointed him/her.
• Section 2 of the article says that no civil servant shall be dismissed or eliminated or diminished in rank besides after an inquiry in which s/he has been knowledgeable of the costs and given an inexpensive alternative of being heard in respect of these prices.
• Section 1: No govt employee either of an all-India service or a state govt shall be dismissed or removed by an authority subordinate to the one that appointed him/her.
• Section 2: 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 & given a reasonable opportunity of being heard in respect of those charges.

What is the method of a departmental enquiry?

• In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a proper chargesheet of the costs.
• The civil servant can characterize himself/herself or select to have a lawyer.
• Witnesses might be known as throughout the departmental enquiry following which the enquiry officer can put together a report and submit it to the federal government for additional motion.

Are there different exceptions the place an individual might be dismissed without departmental enquiry?

• As per Article 311 subclause 2 provision a, if a authorities worker is convicted in a legal case, he might be dismissed without DE. Apart from this, under 311 (2) (c), a authorities worker might be dismissed when the President or the Governor, because the case could also be, is happy that within the curiosity of the safety of state it is not expedient to carry such an enquiry, the worker might be dismissed without DE.

Are 311 (2) sub sections used continuously?

• They are invoked in distinctive circumstances. But the Jammu & Kashmir administration lately arrange a Special Task Force (STF) to “scrutinise cases of employees suspected of activities requiring action under article 311(2)(c).
• The order dated April 21 further tasks the STF headed by ADG (CID) J&K to “compile records of such employees, wherever necessary and to the committee constituted by the government”.
• Three authorities staff, together with two lecturers, have already been fired.
• The transfer has been opposed by rights activists.

Departmental Enquiry Mechanism:

• In this, the civil servant is served with a formal charge sheet after the inquiry officer is appointed.
• S/He can be represented themself or choose to have a lawyer.
• The inquiry officers after the process submit the report to the govt for further action.

Dismission without Departmental Enquiry:

• Under the Article 311 sub clause 2 provision, govt employee convicted in criminal cases can be dismissed without departmental enquiry.
• Under 311 (2)(c), S/He can be dismissed when the Prez/Governor is satisfied that in the interests of the security of state without any enquiry.

Usage of Article 311(2) sub-section:

• It invoked in exceptional circumstances.
• But recently J&K admin set up a Task Force to scrutinize cases of employees suspected of activities requiring action under article 311(2)(c).
• The dismissed employee under these provisions can approach either State or Central Administrative Tribunal or the Courts.

Question: –

Critically evaluate the significance of Article 311 in safeguarding the civil servants.