applies.
4. Article 14 does not govern or control Article 311.
The Constitution must be read as a whole. Article 311(2)
embodies the principle ... 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
2 APLJ 13.1, 1986 2 UJ (SC) 235, 1986 SCC (L&S) 524, (1986) 2 LABLJ 268, (1986) 2 LAB LN 364, (1986) 2 CURLR ... operation
of Article 311 of the Constitution.
5. If there be a full-scale departmental enquiry
envisaged by Article 311 i.e. an Enquiry Officer
given case amount to removal from service within the
meaning of Article 311(2) of the Constitution. [837 F]
HELD FURTHER : In the absence ... attract Article 311. Where the departmental
enquiry is contemplated and if any enquiry is not in fact
proceeded with, Article 311 will not be- attracted
which is otherwise very weak. The case is one which
attracted Article 311 (2) of the Constitution as the
impugned order amounts to a termination ... under
Article 226 of the Constitution before the High Court of
Delhi contending that the order of discharge was violative
of Article 311(2
struck down as arbitrary and
ultra vires Article 14 as also Article 311 (2) of the Constitution. The
counsel also submitted that the learned single ... case, invalidating factor may be refereable
to Article 14. The second proviso to Article 311(2) was based on public
policy, in public interest
unsuitability does not
attract the provisions of Article 16 , nor is the protection
under Article 311(2) of the Constitution available to a
temporary Govt ... circumvent the requirement of
Article 311(2). In Anoop Jaiswal vs. Govt. of India
(1984) 2 SCC 369 = 1984 (2
will
be entitled to the protection of Article 311. In
other words and broadly speaking, Art. 311 (2) ,
will apply to those cases where ... would attract Article 311 (2) of the Constitution.
In The State (2) Orissa & Anr. v. Ram Narayan Das (2)
where July
requirements of Article
311. Once it is shown that a permanent civil servant is
removed from service Article 311 (2) would apply and Article ... Article 31 1. Article 310(2) throws a decisive light on
the nature of tenure of office provided by Article 310(1).
Article 310(2
clarification
seems necessary so far as conditions for the application of
Article 311(2) are concerned as this question has been
considered and decided ... within the meaning of Article 311(2) of the
Constitution."
(1) [1962] (2) Suppl. S.C.R. 92. (2
civil servant by clause
(2) of Article 311 is taken away.
(21) The second proviso to Article 311 (2) becomes
applicable in the three cases ... 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
