www.Aaptaxlaw.com

 

 
 
 

 

Income Tax   Service Tax    VAT   Central Excise   Companies Act   IPC   CRPC   Bare Acts   Tax Forms   Legal formats

ARTICLE 311, 312 OF CONSTITUTION OF INDIA 1949

What is Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State? What is All-India Services? Article 311 and 312 of Constitution of India, 1949

Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State and All-India Services are defined under Article 311 and 312 of Constitution of India 1949. Provisions under these Articles are:

Article 311 of Constitution of India "Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State"

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.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation 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; or

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or

? 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 such inquiry.

(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 remove such person or to reduce him in rank shall be final.

Article 312 of Constitution of India "All-India Services"

(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all-India services (including an all-India judicial service) common to the Union and the States, and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such service.

(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article.

(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.

(4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Constitution of India 1949

What is Freedom of trade, commerce and intercourse? What is Power of Parliament to impose restrictions on trade, commerce and intercourse? Article 301 and 302 of Constitution of India, 1949

What are the Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce? What are Restrictions on trade, commerce and intercourse among States? Article 303 and 304 of Constitution of India, 1949

What is Saving of existing laws and laws providing for State monopolies and Appointment of authority for carrying out the purposes of Articles 301 to 304? Article 305 and 307 of Constitution of India, 1949

What is Service Interpretation? What are the Recruitment and conditions of service of persons serving the Union or a State? What is the Tenure of office of persons serving the Union or a State? Article 308, 309 and 310 of Constitution of India, 1949

What is Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State? What is All-India Services? Article 311 and 312 of Constitution of India, 1949

What is the Power of Parliament to vary or revoke conditions of service of officers of certain services? What are Transitional provisions? Article 312A and 313 of Constitution of India, 1949

What is Public Service Commissions for the Union and for the States? What is Appointment and term of office of members? Article 315 and 316 of Constitution of India, 1949

What is the terms for Removal and suspension of a member of a Public Service Commission? What are the Power to make regulations as to conditions of service of members and staff of the Commission? Article 317 and 318 of Constitution of India, 1949

What is Prohibition as to the holding of offices by members of Commission on ceasing to be such members? What are the Functions of Public Service Commissions? Article 319 and 320 of Constitution of India, 1949

What is the Power to extend functions of Public Service Commissions? Expenses of Public Service Commission, What are the Reports of Public Service Commissions? Article 321, 322 and 323 of Constitution of India, 1949


Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap