Article 311 of the Constitution of India

of the Union or an all-India service or a civil serviceof a State or holds a civil post under the Union or aState shall be dismissed or removed by an authoritysubordinate to that by which he was appointed. 3[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry inwhich he has been informed of the charges against himand given a reasonable opportunity of being heard inrespect of those charges 4***: 5[Provided that where it is proposed after such inquiry, to impose upon him any such penalty, suchpenalty may be imposed on the basis of the evidenceadduced during such inquiry and it shall not be necessaryto give such person any opportunity of making represen-tation on the penalty proposed: Provided further that this clause shall not apply—] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; orDismissal, removal or reduction in rankof personsemployed in civilcapacities under theUnion or a State. 1The words “or the Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid. 3Subs. by the Constitution (Fifteenth Amendment) Act, 1963, s. 10, for cls. (2) and (3). 4Certain words omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 44 (w.e.f. 3-1-1977). 5Subs. by s. 44, ibid., for certain words (w.e.f. 3-1-1977).THE CONSTITUTION OF INDIA (Part XIV. —Services under the Union and the States.— Arts. 310—311.)182 (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authorityin writing, it is not reasonably practicable to holdsuch inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold suchinquiry. (3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or removesuch person or to reduce him in rank shall be final.]