Tamil Nadu News

Application of Article 311

October 6 , 2025 14 hrs 0 min 36 0

Tiruvannamalai SP (Superintendent of Police) issued a dismissal order for two constables attached to Tiruvannamalai East Police Station.
On the instructions of Inspector-General of Police, North Zone, the SP dismissed the constables by invoking provisions under Article 311 of the Constitution.
It deals with the “Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State”.
While the Article says no disciplinary action could be taken without conducting an inquiry against the accused employee, and he/she be given a reasonable opportunity of being heard in respect of the charges.
But the SP issued the order under Clause 2(b) of Article 311 of the Constitution.
It states that the dismissal from service is justified when the competent authority “empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry”.
Simply, Article 311 does not require any departmental inquiry for dismissal of the service.
Under this, the government is empowered to terminate an employee without recourse to the normal procedure if it is satisfied that his or her retention in public service is prejudicial to the security of the state.
The first dismissal of a police official under Article 311 was reported in Madurai.
Here an Inspector was removed without an inquiry on April 11, 2023 after being arrested for grabbing ₹10 lakh from a businessman.
The accused officer’s plea challenging her removal from service was dismissed by the Madurai Bench of the Madras High Court.