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[Cites 0, Cited by 189] [Article 311] [Constitution]

Constitution Subarticle

Article 311(3) in Constitution of India

(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.[Editorial comment-The Constitution (Fifteenth Amendment) Act, 1963, through this amendment a new clause was introduced in place of the existing clauses (2) and (3). This was done to ensure that any civil servant facing a proposed action of dismissal, removal, or reduction in rank on the ground of conduct is informed of the charges and given a reasonable opportunity to be heard at the inquiry stage. But, when the action is taking place, the civil servant’s reasonable opportunity would be limited to making a representation based on the evidence presented.]