What is the meaning of Article 311?
(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed.
Can President remove civil servants?
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.
Under which article a civil servant Cannot be dismissed or removed by any authority subordinate to the authority by which he was appointed?
Significance of Article 311 In other words, it provides safeguards to civil servants against any arbitrary dismissal from their posts [Article 311 clause (1) and (2)]. It helps them to respond to charges in an enquiry so that the Civil servant is not dismissed arbitrarily from the service.
What is doctrine of pleasure in India?
Article 310 of the Indian Constitution incorporates the Common law doctrine of pleasure. It expressly provides that all persons who are members of the Defence Services or the Civil Services of the Union or of All-India Services hold office during the pleasure of the President.
What is Article 313 Indian Constitution?
Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an allIndia service or as service or post under …
Can Supreme Court suspend IAS?
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.
Who can dismiss IAS officer?
An autocratic government can even summarily dismiss an IAS officer without inquiry by invoking Article 311 of the constitution. To sum up, while posting all-India service officers to the Centre, approval of the state government should not be done away with.
What is the first law of pleasure?
The doctrine of pleasure has its origins in English law. In England, the moral rule is that a civil servant of the Crown holds office during the pleasure of the Crown. This means his services can be terminated at any time by the Crown, without assigning any reason.
Who can fire IAS officer?
Can a dismissed employee get pension?
Regulation 22(1) states that resignation, dismissal, removal or termination of an employee from the service of the Bank shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefits.
What is the second law of pleasure?
Do humans avoid pain?
The pleasure principle is a term originally used by Sigmund Freud to characterize the tendency of people to seek pleasure and avoid pain. Freud argued that people will sometimes go to great lengths to avoid even momentary pain, particularly at times of psychological weakness or vulnerability.
What is Article 311? Article 311 deals with the provisions related to the dismissal, removal or reduction in rank of a person employed in civil capacities under the Union or a State.
What is Article 311 of the Indian Civil Service Act?
In other words, it provides safeguards to civil servants against any arbitrary dismissal from their posts [Article 311 clause (1) and (2)]. It helps them to respond to charges in an enquiry so that the Civil servant is not dismissed arbitrarily from the service.
What are the protective safeguards under Article 311?
The protective safeguards under Article 311 are applicable only to civil servants (public officers). They are not available to defence personnel. The civil servant is given a formal charge sheet of the charges after an enquiry officer is appointed. The civil servant can choose to have a lawyer or represent himself/herself.
What is Section 311 of the Patriot Act?
311 Actions. Section 311 of the USA PATRIOT Act provides the Secretary with a range of options that can be adapted to target specific money laundering and terrorist financing risks most effectively. These options provide the Treasury Department with a powerful and flexible regulatory tool to take actions to protect the U.S.