Q: This is to inform you that I am in government service. Till date I have never faced any kind of workplace-related problems and I have been very satisfied with my job. Unfortunately, I have recently become involved in a serious matrimonial dispute, as a result of which criminal proceedings have been initiated against me.

My superior officers have come to know about my matrimonial problems and also about the criminal proceedings. Therefore, I am apprehensive that they may use this as an excuse for terminating my service even though the criminal proceedings have nothing to do with my professional life.

Can my superior officers automatically terminate my service without any enquiry? What other punishments can they impose upon me? I am extremely worried and I am losing sleep over this. I have been asking some of my friends for advice but nobody has been able to help me so far. Please advise.

A. Sarkar, Dhanbad

A: It is understandable that you are at the moment going through an anxious phase. However, do note that government servants like yourself enjoy the protection of Article 311 of the Indian Constitution, which imposes certain limitations and restrictions on the government before they can impose major punishments such as reduction in rank, dismissal or removal from service.

Article 311 of the Indian Constitution provides, inter alia, that no such punishments can be imposed by the employer except after an inquiry in which the employee has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. It is well settled that the power of termination of service can be exercised only in keeping with the principles of natural justice.

Do note that there are, however, some exceptions to this rule since the Article provides that these principles may not apply in cases where a person is dismissed or removed or reduced in rank on the ground of conduct that has led to his conviction on a criminal charge. The apparent reasoning behind this is that it is presumed that the person has been convicted only after being given full opportunity to defend himself by a proper trial and as such a separate departmental enquiry may be unnecessary. The action that might be taken against you would largely depend on the moral nature and gravity of the offence if proved.

In your case, however, there appears not have been any conviction yet and whatever action is sought to be taken by your superior officers must be in keeping with the aforesaid principles.