Q: I had been a supervisor in a state government department for the past three years. A month ago, I was served a notice that the post had been abolished. I am now without a job. Can I challenge the abolition of post in court? Does it not amount to termination of service without an opportunity to show cause?
Samir Sarkar
A: Article 311(2) of the Constitution provides that no civil servant shall be dismissed or removed or reduced in rank except after an enquiry in which he has been informed about the charges and given a reasonable opportunity of being heard in respect of those charges. The question whether Article 311(2) will be contravened if a government servant holding a civil post loses his employment by reason of the abolition of the post held by him has been considered by the Supreme Court time and again. The law appears to be quite clear that the government has the power to abolish a post in service but such power must be exercised in good faith. The order abolishing the post may stand vitiated if the order is established to have been made arbitrarily or mala fide or under the garb of penal action within the meaning of Article 311(2). The abolition of post may have the consequence of termination of service of a government employee but the same is not dismissal or removal within the meaning of Article 311(2). Therefore, the question of opportunity to show cause does not arise in the case of abolition of post.
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