Services
Chapter
I Services
Article
308 Interpretation
In this Part, unless the context
otherwise requires, the expression "State" does not include
the State of Jammu and Kashmir.
Article
309 Recruitment and conditions of service of persons serving the
Union or a State
Subject to the provisions of this
Constitution. Acts of the appropriate Legislature may regulate the
recruitment, and conditions of service of persons appointed, to
public services and posts in connection with the affairs of the Union
or of any State:
Provided that it shall be competent for the
President or such person as he may direct in the case of services and
posts in connection with the affairs of the Union, and for the
Governor of a State or such person as he may direct in the case of
services and posts in connection with the affairs of the State, to
make rules regulating the recruitment, and the conditions of service
of persons appointed, to such services and posts until provision in
that behalf is made by or under an Act of the appropriate Legislature
under this article, and any rules so made shall have effect subject
to the provisions of any such Act.
Article
310 Tenure of office of persons serving the Union or a State
(1)
Except as expressly provided by this Constitution, every person who
is a member of a defence service or of a civil service of the Union
or of an all-India service or holds any post connected with defence
or any civil post under the Union holds office during the pleasure of
the President, and every person who is a member of a civil service of
a State or holds any civil post under a State holds office during the
pleasure of the Governor of the State.
(2) Notwithstanding that
a person holding a civil post under the Union or a State holds office
during the pleasure of the President or, as the case may be, of the
Governor of the State, any contract under which a person, not being a
member of a defence service or of an all-India service or of a civil
service of the Union or a State, is appointed under this Constitution
to hold such a post may, if the President or the Governor, as the
case may be, deems it necessary in order to secure the services of a
person having special qualifications, provide for the payment to him
of compensation, if before the expiration of an agreed period that
post is abolished or he is, for reasons not connected with any
misconduct on his part, required to vacate that post.
Article
311 Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State
(1) No
person who is a member of a civil service of the Union or an
all-India service or a civil service of a State or holds a civil post
under the Union or a State shall be dismissed or removed by an
authority subordinate to that by which he was appointed.
(2) No
such person as aforesaid shall be dismissed or removed or reduced in
rank except after an inquiry in which he has been informed of the
charges against him and given a reasonable opportunity of being heard
in respect of those charges:
Provided that where it is proposed
after such inquiry, to impose upon him any such penalty, such penalty
may be imposed on the basis of the evidence adduced during such
inquiry and it shall not be necessary to give such person any
opportunity of making representation on the penalty
proposed:
Provided further that this clause shall not apply
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(a) where a person is dismissed or removed or reduced in rank
on the ground of conduct which has led to his conviction of a
criminal charge; or
(b) where the 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; or
(c) where the
President or the Governor, as the case may be, is satisfied that in
the interest of the security of the State it is not expedient to hold
such inquiry.
(3) If, in respect of any such person as
aforesaid, a question arises whether it is reasonably practicable to
hold such inquiry as is referred to in clause (2), the decision
thereon of the authority empowered to dismiss or remove such person
or to reduce him in rank shall be final.
Article
312 All-India services
(1) Notwithstanding anything in
Chapter VI of Part VI or Part XI, if the Council of States has
declared by resolution supported by not less than two-thirds of the
members present and voting that it is necessary or expedient in the
national interest so to do, Parliament may by law provide for the
creation of one or more all-India services (including an all-India
judicial service) common to the Union and the States, and, subject to
the other provisions of this Chapter, regulate the recruitment, and
the conditions of service of persons appointed, to any such
service.
(2) The services known at the commencement of this
Constitution as the Indian Administrative Service and the Indian
Police Service shall be deemed to be services created by Parliament
under this article.
(3) The all-India judicial service referred
to in clause (1) shall not include any post inferior to that of a
district judge as defined in article 236.
(4) The law providing
for the creation of the all-India judicial service aforesaid may
contain such provisions for the amendment of Chapter VI of Part VI as
may be necessary for giving effect to the provisions of that law and
no such law shall be deemed to be an amendment of this Constitution
for the purposes of article 368.
Article
312A Power of Parliament to vary or revoke conditions of service of
officers of certain services
(1) Parliament may by law
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(a) vary or revoke, whether prospectively or retrospectively,
the conditions of service as respects remuneration, leave and pension
and the rights as respects disciplinary matters of persons who,
having been appointed by the Secretary of State or Secretary of State
in Council to a civil service of the Crown in India before the
commencement of this Constitution, continue on and after the
commencement of the Constitution (Twenty-eighth Amendment) Act, 1972,
to serve under the Government of India or of a State in any service
or post;
(b) vary or revoke, whether prospectively or
retrospectively, the conditions of service as respects pension of
persons who, having been appointed by the Secretary of State or
Secretary of State in Council to a civil service of the Crown in
India before the commencement of this Constitution, retired or
otherwise ceased to be in service at any time before the commencement
of the Constitution (Twenty-eighth Amendment) Act, 1972:
Provided
that in the case of any such person who is holding or has held the
office of the Chief Justice or other Judge of the Supreme Court or a
High Court, the Comptroller and Auditor-General of India, the
Chairman or other member of the Union or a State Public Service
Commission or the Chief Election Commissioner, nothing in sub-clause
(a) or sub-clause (b) shall be construed as empowering Parliament to
vary or revoke, after his appointment to such post, the conditions of
his service to his disadvantage except in so far as such conditions
of service are applicable to him by reason of his being a person
appointed by the Secretary of State or Secretary of State in Council
to a civil service of the Crown in India.
(2) Except to the
extent provided for by Parliament by law under this article, nothing
in this article shall affect the power of any legislature or other
authority under any other provision of this Constitution to regulate
the conditions of service of persons referred to in clause (1).
(3)
Neither the Supreme Court nor any other court shall have jurisdiction
in -
(a) any dispute arising out of any provision of, or any
endorsement on, any covenant, agreement or other similar instrument
which was entered into or executed by any person referred to in
clause (1), or arising out of any letter issued to such person, in
relation to his appointment to any civil service of the Crown in
India or his continuance in service under the Government of the
Dominion of India or a Province thereof;
(b) any dispute in
respect of any right, liability or obligation under article 314 as
originally enacted.
(4) The provisions of this article shall
have effect notwithstanding anything in article 314 as originally
enacted or in any other provision of this Constitution.
Article
313 Transitional provisions
Until other provision is made in
this behalf under this Constitution, all the laws in force
immediately before the commencement of this Constitution and
applicable to any public service or any post which continues to exist
after the commencement of this Constitution, as an all-India service
or as service or post under the Union or a State shall continue in
force so far as consistent with the provisions of this Constitution.
Article
314 Provision for protection of existing officers of certain
services
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