UNSTARRED QUESTION NO 1642 by Shri RUDRAMADHAB RAY
Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) whether a Government servant once charge-sheeted/prima-facie having enough evidence for conviction in the eyes of law is either suspended or terminated from service with immediate effect;
(b) if so, the rules and constitutional provisions in this regard; and
(c) the reasons for not applying the same rules for Ministers/MPs and other legislators?
(a) where a disciplinary proceedings against him is contemplated or is pending; or (aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
Article 311(1) of the Constitution provides that no person who is a member of the 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. Again as per Article 311(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.
Source Link: http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=126381
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