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Question

Consider the following statements with reference to Article 311:

1. Recently, the Supreme Court has clarified that Article 311(1) does not mandate appointing authority’s approval to initiate disciplinary proceedings against a state employee.

2. It deals with dismissal, removal, or reduction in rank of persons employed in civil capacities under the Union or State.

Which of the above statements is/are correct?

The correct answer is

Both 1 and 2

Why in the News?

"SC Clarifies: No Need for Appointing Authority’s Nod to Initiate Disciplinary Action Under Article 311(1)”

Statement 1: correct

The Supreme Court clarified in State of Jharkhand vs Rukma Kesh Mishra that Article 311(1) does not require the appointing authority’s approval to start disciplinary proceedings, but dismissal or removal must be by the appointing authority or higher.

Statement 2: correct

Article 311 of the Indian Constitution protects civil servants by stating they cannot be dismissed, removed, or demoted without an inquiry and reasonable opportunity to be heard, and only by the authority that appointed them or someone senior.

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Similar Questions

  1. Consider the following statements regarding Citizenship Amendment Act,(CAA) 2019:

    1. The CAA provides citizenship on the basis of religion to four undocumented non-Muslim communities.
    2. It exempts the members of the six communities from any criminal case under the Foreigners Act, of 1946 and the Passport Act, of 1920.

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Important Questions from Polity

  1. In a recent judgement, the Supreme Court of India directed that every protected forest, national park and wildlife sanctuary across the country should have a mandatory eco-sensitive zone (ESZ) of a minimum of

  2. Which one of the following Directive Principles was inserted by the Constitution (42 nd Amendment) Act, 1976?

  3. A common High Court for two or more states can be established by:

  4. Which one among the following is not a Fundamental Right under the Constitution of India?

  5. The Central Vigilance Commission was established on the recommendation of which one of the following Committees?

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