Professional Documents
Culture Documents
CIVIL POST
Appointment on the civil side of administration
Does not include civilians working on civil posts in defence forces
State of UP vs. A.N Singh
o Person holds civil post if:
there exist a master-servant relationship
relationship is established if the state has right to select and appoint the
holder
right to control the manner and method of his working
payment by wage or remuneration
Art 311
Mahesh vs. State of UP
o It is not necessary that the removal or dismissal must be by the same authority
who made the appointment or by his direct superior
o It is enough if the removing authority is of the same or co-ordinate rank as the
appointing authority
TEMPORARY EMPLOYEE
COMPULSORY RETIREMENT
It means reduction from higher to lower post or rank and not merely losing place in rank
or cadre
Punjab Police vss. Kishan Das
o Policce constable- Chargesheet for arrogance and indiscipline- Entire service was
forfeited- Salary came down to the level of freshly recruited constable
o Order did not amount to reduction in rank
o For punishment of forfeiture of approved service resulting in loss of higher salary
or reduction in the changes of promotion to higher services, remedy would be
available under the Service Rules
Debesh Chandra vs. UOI
o Chief Secretary of Assam-Appointed as Secretary in central government-He was
asked to choose between the reversion to old cadre and retirement
o Contended that order was stigma and amounted to reduction in rank under Art
311
o Reduction in rank as post of secretary in central government was higher post with
additional perks and emoluments
State of Mysore vs. M.K Godgoli
o Clerk- Posted at a higher posst in officiating post- Subsequently reverted to
original post
o No reduction in rank
o Person officiating in a post has no right to hold it for all times
Sukh Bansh Singh vs. State of Punjab
o Suspension of government servant from service is neither dismissal or removal
nor reduction in rank
o Suspended employee cannot claim the protection under Art 311
EXCEPTIONS
Conviction must be one which has been imposed upon the delinquent servant during the
course of and not prior to the appointment in question
State of M.P vs. Hazarilal
o Peon assaulted Ram Singh- Prossecuted for voluntary causing hurt- Initially 1
month imprisonment- Commuted to Rs. 500 fine on appeal- Dismissed from
service without following Art 311(2)
o Conviction on criminal charge does not mean that irrespective of the nature of the
case or punishment which has been imposed, an order of dismissal must be passed
o Doctrine of proportionality was applied
Shankar Das vs. UOI
o Servant could not deposit the fine amount in court due to compelling
circumstance-Magistrate passed an order that he should be dealt under Probation
of Offenders Act- Dismissed from service
o Servant was dismissed without the application of mind to penalty
Satisfaction of authority in writing that holding enquiry under Art 311(2) is not
practically possible
Jaswant Singh vs. State of Punjab
o Dismissed from service- Without enquiry- Impractical to hold enquiry as the
appellant has given threats that he would allow departmental proceeding to
happen
o The decision to dispense with the departmental enquiry cannot be rested solely on
the ipse dixit of the concerned authority
o When satisfaction is questioned in the court of law, it is the duty of the authority
to show that the satisfaction is based on certain objective facts and not the
outcome of whims and fancies of the authority
o Order of dismissal was set aside
UOI vs. Tulsiram Patel
o Charges in the criminal case must relate to a misconduct such magnitude as would
have deserved the punishment
o A conviction on criminal charge does not automatically entail dismissal etc. of the
govt. servant- Authority to consider case in lighting of doctrine of proportionality
o Authority must exercise the power fairly, justly and reasonably while deciding
the penalty
o Supreme Court would not sit in judgment in the relevancy of reasons given by the
Authority for not holding enquiry
o It is not total or absolute impracticability which is required – Test of reasonable
man test will have to be testified
o The Disciplinary Authority must not dispense with the enquiry lightly or
arbitrarily or out of ulterior motive
o The reasons of the D.A for dispensing with the inquiry need not contain detailed
particular- Reason must not be vague
o Decision of D.A is final- Court to interfere only in certain circumstances
SECURITY OF STATE