Protection against arbitrary dismissal requires inquiry and hearing before removal or reduction, subject to specified exceptions and finality. No civil servant or holder of a civil post under the Union or a State may be dismissed, removed or reduced in rank by a subordinate authority. Such action is allowed only after a formal inquiry where the person is informed of charges and given a reasonable opportunity to be heard; a penalty proposed after inquiry may be imposed on the evidence adduced without separate representation. Exceptions apply for conviction, recorded impracticability of inquiry, and State security, and the decision on practicability by the competent authority is final.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Protection against arbitrary dismissal requires inquiry and hearing before removal or reduction, subject to specified exceptions and finality.
No civil servant or holder of a civil post under the Union or a State may be dismissed, removed or reduced in rank by a subordinate authority. Such action is allowed only after a formal inquiry where the person is informed of charges and given a reasonable opportunity to be heard; a penalty proposed after inquiry may be imposed on the evidence adduced without separate representation. Exceptions apply for conviction, recorded impracticability of inquiry, and State security, and the decision on practicability by the competent authority is final.
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