Article 311 is taken away when any of the three
clauses of the second proviso (originally the only proviso
to Article 311(2) ) becomes applicable ... Constitution are Article 31A (1) , Article 31B , Article
31C , Article 22 (5) and the second proviso to Article 311(2)
as regards the audi alteram
second
proviso to Article 311 (2) or clause (3) of
Article 311.
V. Article 14 and the Second Proviso
(24) The principles of natural justice ... Constitution are Article 31A (1) , Article
31B , Article 31C , Article 22 (5) , and the second
proviso to Article 311 (2) as regards the audi
alteram
Article 282B of the draft constitution which is equivalent to Article 311 of the Constitution. One of the members urged that Article 311(2) proviso ... enquiry has produced proviso (b) and the paramount need of collective security is the reason why proviso (c) to Article 311(2) has been added
Article 311(2) exempts the punishing authority from compliance with the giving of both these opportunities under Article 311(2). The reason for the dispensing ... Article 311(2). For, the place occupied by the inquiry under Article 311(2) is taken by the criminal trial in proviso (a) thereto. Just
being heard, Clauses (a) to (c) of the second proviso to Article 311(2) carve out certain exceptions. Under Clause (a) of the second proviso ... Article 311(2). As held by this Court in Shankardass v. Union of India (1985) 2 SCR 358 "Clause (a) of the second proviso
exercise of power under clause
(b) of the second proviso to Article 311(2) of the Constitution of
India, read-with Rules ... disciplinary proceedings by invoking
clause (b) of the second proviso to Article 311(2) of the
Constitution of India. The recommendation of the Full Court
President to resort to the exercise of powers under Article 311 (2) , second proviso Clause (c). He has submitted that the exercise of power ... relied upon by the respondents in taking a decision under Article 311(2) , proviso Clause (c) are distorted and, therefore, unreliable. He has submitted that
that power to the extent prescribed in Article 311 including the
second proviso to Article 311(2). In other words she would state that ... classes of cases under Article 311(2) of the Constitution. We are
concerned in this case with Article 311(2)(a) which states that, provided
Rule 8 (2) (a) of the Rules, 1991, which is in pari materia, with Article 311 (2) of Second proviso (a) and, hence, as observed ... language of Rule 8(2)(a) is pari materia with the language of the Constitution Article 311 (2) Second proviso Clause (a).
On perusal
constitutional provisions of
Article 311(2) , for otherwise, they would be void. Clauses (1) and (2) of
Article 311 prescribe the procedure for dismissal, removal ... made under the proviso to Article 309 cannot
impinge upon or restrict the operation of the second proviso to Article 311
(2) , for Article
