• The Jammu & Kashmir administration sacked six government employees — five from the police department (constables) and one from the education department (teacher) — for their deep involvement in anti-national activities.

• J&K Lieutenant Governor Manoj Sinha invoked article 311(2)(c) of the Constitution to terminate them from service.

• Their activities had come to the notice of law enforcement and intelligence agencies, and they found them thickly involved in activities prejudicial to the interests of the State, evidencing their involvement in terror-related activities.

• Under proviso 'c' of the Article, the President or the Governor, is empowered to terminate an employee without recourse to the normal procedure if satisfied that the person's retention in public service is prejudicial to the security of the State.

Article 311 of Indian Constitution

• Article 311(1): A government employee, whether part of an All India Service or a state government, cannot be dismissed or removed by an authority sub-ordinate to the one that appointed him/her.

• Article 311(2): No civil servant can be dismissed, removed, or reduced in rank without an inquiry. 

• This inquiry must include informing the civil servant of the charges against them and providing a reasonable opportunity to be heard.

People Protected Under Article 311:

• Members of the Civil Service of the Union 

• All India Service personnel 

• Members of the Civil Service of any state

• Individuals holding a civil post under the Union or any state. 

• The protections under Article 311 apply exclusively to civil servants and do not extend to defence personnel.

Exceptions to Article 311(2):

• Conviction: Dismissal, removal, or reduction in rank may occur if the individual’s conduct has led to a criminal conviction. 

• Practicality: If it is not reasonably practicable to hold an inquiry, as recorded in writing by the authority. 

• Security of the State: If the President or Governor, as applicable, determines that holding an inquiry is not expedient in the interest of state security. 

Options for a dismissed employee

A government employee who has been dismissed under the provisions of Article 311 can challenge the dismissal through the following avenues:

1) Tribunals:

• State Administrative Tribunal (SAT): Employees can approach the State Administrative Tribunal if the dismissal is related to a State Government service.

• Central Administrative Tribunal (CAT): Employees can approach the Central Administrative Tribunal if the dismissal involves an All India Service or Union Government service.

2) Courts:

• High Court: Employees can file a petition in the High Court for judicial review if they are dissatisfied with the decision of the tribunals or if the matter pertains to issues beyond the scope of the tribunals.

• Supreme Court: In exceptional cases, employees can seek redress from the Supreme Court, particularly if there are questions of constitutional significance or if the case has national implications.

(The author is a trainer for Civil Services aspirants.)