The Supreme Court (SC), in State of Jharkhand vs Rukma Kesh Mishra, has clarified that under Article 311 (1), prior approval of the appointing authority is not required to initiate disciplinary proceedings against a civil servant. The Court emphasized that only dismissal/removal requires such approval, not the issuance of a charge sheet.
Background of the Case
- The State of Jharkhand had dismissed a state employee following disciplinary action.
- The High Court quashed the dismissal, citing the absence of prior approval from the Chief Minister before issuing the charge sheet.
- The Supreme Court overturned the High Court’s decision, stating that initiation of disciplinary action does not require prior sanction from the appointing authority.
Key Takeaway from the Judgment
Refers to Article 311(1) of the Indian Constitution:
- Dismissal/removal must be done by the appointing authority or a higher authority.
- However, disciplinary proceedings like charge sheets or inquiries can be initiated by a subordinate authority.
The decision ensures administrative efficiency without compromising the protections available to civil servants.
About Article 311 of the Constitution
- Purpose: Provides constitutional safeguards to civil servants.
- Article 311(1): No dismissal/removal by any authority subordinate to the appointing authority.
Article 311(2): Civil servants can be dismissed, removed, or reduced in rank only after:
- Being given a reasonable opportunity to be heard,
- Post a fair departmental inquiry.
Significance of the Ruling
- Reinforces the distinction between initiation and conclusion of disciplinary action.
- Prevents unnecessary procedural delays in disciplinary cases.
- Upholds constitutional protections while ensuring smooth governance.
- Sets a precedent for similar service-related disputes across states.