Article 311 of the Constitution applies only to civil posts, not to autonomous bodies

Delhi High Court: In the instant writ petition, the petitioner challenged the order of disciplinary authority whereby the petitioner had been inflicted the penalty of dismissal from service which would ordinarily be disqualification for future employment under the Government. Petitioner-an employee of Delhi Urban Shelter Improvement Board pleaded that he was appointed by the Chief Executive Officer (CEO) of the respondent and therefore the impugned order could not have been passed by a lower authority being the Member (Administration) of the respondent.

The petitioner further placed before the Court Article 311 of the Constitution that no person shall be dismissed or removed by a authority subordinate to that by which he was appointed. However, the Court rejected the contention out rightly stating that the petitioner was not holding any civil post for which the provision stated by him specifically applies as the respondent was an autonomous institution which is neither Central nor State government. Accordingly, the Court held that the petition was devoid of merits. [J.S. Sehrawat v. Delhi Urban Shelter Improvement Board, 2017 SCC OnLine Del 7219, decided on 27.02.2017]

 

 

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