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
(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.
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 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