What is Article 311: All you need to know

Assistant Police Inspector, Sachin Waze was terminated from the police service without a departmental enquiry on May 11, 2021, after an order issued under Article 311 (2) (b) of the Indian Constitution by the Mumbai Police Commissioner Hemant Nagrale.

Sachin Waze, a 1990-batch officer of the Maharashtra cadre, was suspended after his arrest by the National Investigation Agency (NIA) in the case of an SUV with explosives found near Mukesh Ambani’s house (also known as the Ambani terror scare case) and the murder of Mansukh Hiran.

On February 25, 2021, an SUV filled with explosives was found parked near the residence of Mukesh Ambani in Mumbai. A few days later, businessman Mansukh Hiran was found dead in Thane.

During that period, the Maharashtra Anti-Terrorism Squad (ATS) was looking into the crime before NIA took over it. During the same time, Waze got transferred to the Special Brand of Mumbai police.

However, upon an investigation of his alleged involvement in both the Ambani terror scare case and the murder of Mansukh Hiran, the Special Branch prepared a report with inputs from the Maharashtra ATS and submitted it to the Mumbai Police Commissioner.

The Mumbai Police Commissioner Nagrale issued an order terminating Sachin Waze from police services under Article 311 (2) (b) without a departmental enquiry.

Article 311 in context of Sachin Waze’s Case

Article 311 (2) (b) clause of Article 311 of the Indian Constitution has been invoked by the Mumbai Police Commissioner Hemant Nagrale in Waze’s case.

Nagrale stated in writing that he is vested with the authority and is satisfied that it is not reasonably practical to conduct a departmental enquiry against Waze.

What is Article 311?

Article 311 of the Indian Constitution serves as a safeguard for civil servants that provides them with an opportunity to respond to the charges against them in a departmental enquiry to avoid dismissal from service.

Article 311 (1) states that no government employee of All-India Services or a State government shall be dismissed by an authority subordinate to them.

Article 311 (2) states that no civil servant shall be removed or dismissed or reduced in rank without an enquiry wherein the person accused shall be informed of the charges and given an opportunity to respond to the charges against him or her.

However, there are exceptions to Article 311 (2):

Article 311 (2) (a) states that a person is removed or dismissed or reduced in rank based on conduct that led to his or her conviction on a criminal charge,

Article 311 (2) (b) states that if the authority vested with the power to remove or dismiss or reduce in rank is satisfied for some reason, to be recorded by the authority in writing, it is not reasonably practical to hold such enquiry.

Article 311 (2) (c) states that if the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it not necessary to hold such enquiry.

Can Sachin Waze challenge the dismissal under Article 311 (2) (b)?

Yes, Sachin Waze can approach the Maharashtra Administrative Tribunal.

A government employee or a civil servant dismissed under Article 311 (2) (b) can approach the State Administrative Tribunals or Central Administrative Tribunal or the Courts.