Statement (A) is correct; Article 311 applies to persons holding civil posts, thus excluding military personnel. Statement (B) is correct; Employees of statutory corporations are not typically considered civil servants under the Union or State government and thus are not covered by Article 311. Statement (D) is correct; Suspension is not considered dismissal or removal and does not attract the protection of Article 311. Statement (C) is incorrect; Article 311 protection extends to all civil servants holding a civil post, including temporary ones, if their dismissal, removal, or reduction in rank is by way of punishment. The distinction lies in whether the termination is punitive or simply in accordance with the terms of employment for temporary service.
Which one of the following statements about dismissal or removal of persons employed in civil capacities under the Union or State (Article 311) is not correct ?
Asked in MPSC CS Prelims 2022 · Topic: Articles of the Constitution (Articles concerning Official Language and Services under the Union and States)
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Answer: C. The provisions of Article 311 are applicable to permanent civil servants only and not to temporary servants.
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