Source: Karnataka High Court

Why in News?

Recently the Karnataka High Court in the matter of Dr. Yogananda A v. The Visvesvaraya Technological University & Ors., has held that Article 311(1) of the Constitution of India, 1950 (COI) provides safeguards to the government employees including the right to fair inquiry before any adverse action is taken against the employees.

What was the Background of Dr. Yogananda A v. The Visvesvaraya Technological University & Ors. Case?

• The case at hand pertains to disciplinary action taken against the petitioner by the Governing Council resulting in recommendation for petitioner’s compulsory retirement and consequently the respondent Registrar who is the Disciplinary Authority has issued a second show cause notice indicating inflicting of penalty thereby raising concern regarding procedural irregularities and potential violation of Article 311(1) of the COI.
• It is in this background that the petitioner has filed a petition before the Karnataka High Court against impugned order of penalty of compulsory retirement passed by the respondent.
• Allowing the petition, the High Court has set aside the impugned order.

What were the Court’s Observations?

• A single judge bench of Justice Sachin Shankar Magadum observed that Article 311(1) of the COI guarantees certain safeguards to government employees, including the right to a fair enquiry before any adverse action is taken against the employees. This constitutional provision aims to prevent arbitrary deprivation of livelihood and ensures that Government employees are afforded due process.
• It was further noted that Article 311 (1) underscores the importance of providing employees with inquiry reports prior to the initiation of any punitive action, thereby enabling them to effectively defend themselves against allegations and ensuring procedural fairness.

What is Article 311(1) of the COI?

Article 311:

• This Article deals with the dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.
• The protective safeguards given under this Article are applicable only to civil servants, i.e. public officers.
• They are not available to defence personnel.
• People protected under this Article are the members of:
  • Civil service of the Union
  • All India Service
  • Civil service of any State
  • People who hold a civil post under the Union or any State.

Article 311(1):

• Article 311 (1) says that no government employee either of an all-India service or a state government shall be dismissed or removed by an authority subordinate to the own that appointed him/her.

Article 311(2):

• Article 311 (2) says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

Case Law

• In the case of State of Punjab v. Kishan Dass (1971), the Supreme Court held that a mere reduction in the salary of a government servant cannot be termed as a reduction in rank of a government servant to invoke Article 311.It was further stated this article cannot be invoked on every little transactional details.