VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 23
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to punishment. The order terminating the services under Rule 3 of
the Security Rules stood on the same footing as an order of discharge
under Rule 148 of the Railway Establishment Code and was neither
one of dismissal nor removal within the meaning of Art. 311 of the
Constitution. Art. 311 had, therefore, no application.
The Supreme Court further held that although the Rules are
clearly prospective in character, materials for taking action against
an employee thereunder may be drawn from his conduct prior to the
enactment of the Rules.
(23)
(A) Constitution of India — Art. 311
(B) Penalty — dismissal
(C) Penalty — removal
(D) Penalty — reduction in rank
(i) Art. 311 of Constitution operates as proviso to
Art. 310(1). Art. 311 gives a two-fold protection, (i)
against dismissal or removal by an authority
subordinate to that by which appointed and (ii)
against dismissal, removal or reduction in rank
without giving a reasonable opportunity of showing
cause against proposed action.
(ii) Protection under Art. 311 available to permanent
as well as temporary employees.
(iii) To invoke Art. 311, Court has to apply two tests,
viz. (i) whether the Government servant has right to
the post or the rank or (ii) whether he has been
visited with evil consequences.
(iv) If a right exists under the Contract or the Rules
to terminate the service, the motive operating on
the mind of Government is wholly irrelevant.
(E) Termination — of permanent post
Permanent post gives the servant right to hold the
post until he attains the age of superannuation or is