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 07-Apr-2025

Article 311

Indian Polity

Why in News? 

In the case State of Jharkhand vs Rukma Kesh Mishra, the Supreme Court clarified that Article 311(1) of the Constitution does not require prior approval from the appointing authority to initiate disciplinary proceedings against a state employee. 
However, it reiterated that approval is mandatory for actual dismissal of a civil servant. 

 About Article 311 of the Indian Constitution 

  • Purpose: Provides safeguards to civil servants employed in civil capacities under the Union or State, especially in matters of dismissal, removal, or reduction in rank. 
  • Article 311(1): A civil servant cannot be dismissed or removed by an authority subordinate to the one who appointed them. 
  • Article 311(2): A civil servant must be given a reasonable opportunity to be heard through a proper inquiry before being dismissed, removed, or demoted.