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Article 311 Safeguards

Constitutional & Public Law Doctrines

Definition

Constitutional protections for members of civil services of the Union or States guaranteeing that: (1) they cannot be dismissed by an authority subordinate to that which appointed them, and (2) no dismissal, removal, or reduction in rank can occur without an inquiry where they are informed of the charges and given a reasonable opportunity to be heard.

Example

A district police sub-inspector dismissed directly by a Circle Inspector challenges the termination; the High Court sets it aside because a Circle Inspector is subordinate to the appointing authority (the Deputy Inspector General of Police).