Article 311 in Constitution of India
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
void on the ground that it defeats the provisions of Article 311 of the Constitution of India, and is void under Section ... termination of service in order to circumvent the provisions of Article 311 of the Constitution have been controverted. Apart from the fact that the allegations
made under Article 309 cannot abrogate or modify the "tenure at pleasure" under Article 310 of the Constitution. What Article 311 does ... inconsistent with Article 309 and would be one derogating from the provisions of Article 310 of the Constitution. If Article 311 does not apply, then
invoking Clause (c) of Second Proviso to Clause
(2) of Article 311 of the Constitution of India
vide Government order dated ... Article 311 shall not be applicable in the cases
provided under clauses (a), (b) & (c) of the second proviso to Article
311
vide the impugned order by invoking the provisions of
Article 311(2) (b) of the Constitution of India and for similar
reasons ... from service. The Disciplinary Authority exercised the
power under Article 311(2)(b) of the Constitution of India, thereby
dispensing with the departmental enquiry
Disciplinary Authority by invoking the
provisions of Article 311(2)(b) of the Constitution of India.
3. Aggrieved by the said order, the applicant ... concerned Disciplinary Authority
by invoking the provisions of Article 311(2)(b) of the Constitution of
India and his appeal against such order of dismissal
initiated against him.
Under these sets of compelling circumstances,
Article 311 (2) (b) of Constitution of India is
invoked in this case. It would ... with
22
OA No.1067 /2023
immedlate effect under Article 311 (2) (b) of
Constitution of India. His Suspension period from
27.10.2021 to the date
custody as the Disciplinary
Authority invoked the provisions of Article 311 (2) (b) of the
Constitution of India to impose the extreme punishment of dismissal ... inflicted upon the applicant by invoking the
provisions of Article 311 (2) (b) of the Constitution of India, and the
order dated 13.12.2023, whereby
dismissal from service is being imposed by invoking Article
311(2)(b) of Constitution of India.
3. It is submitted that the reasons recorded ... that the decision of the
Disciplinary Authority for invoking article 311(2) (b) of
Constitution of India is fully justified and I find no
reason
from service with immediate effect
under the provisions of Article 311 (2) (B) of Constitution
of India. His suspension period from 12.07.2023 to the
date ... property by
the appellant, hence decision of invoking of Article 311
(2) (b) Constitution of India was taken by the
disciplinary authority in this matter