Article 311 of Constitution of India "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 a 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 -
(a) where a person is dismissed or removed or reduced in
rank on the ground of conduct which has led to his
conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a
person or to reduce him in rank ins satisfied that for some
reason, to be recorded by that authority in writing, it is
not reasonably practicable to hold such inquiry; or
? 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 of Constitution of India "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.