Dismissal, removal, etc. of enrolled members of CISF under Section 8 o

Dismissal, removal, etc. of enrolled members of CISF under Section 8 of the Central Industrial Security Force Act, 1968 is subject to

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Article 311 of the Constitution of India.

the rules framed by the Central Government under this Act.

the rules made by the State Governments.

Article 311 of the Constitution of India and such other rules as framed by the Central Government under this Act.

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UPSC CISF-AC-EXE – 2021

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The correct answer is D) Article 311 of the Constitution of India and such other rules as framed by the Central Government under this Act.

Dismissal, removal, or reduction in rank of persons holding civil posts under the Union or a State is subject to the constitutional safeguards provided in Article 311 of the Constitution of India, which ensures principles of natural justice like the right to be heard. While CISF is a force, its enrolled members are considered holders of civil posts. The Central Industrial Security Force Act, 1968, in Section 8, allows for such actions by the prescribed authority, but this power must be exercised in accordance with the procedural rules framed by the Central Government under Section 22 of the Act. These rules, as well as the actions taken under them, must conform to the constitutional mandate of Article 311.

Article 311 provides protection against arbitrary dismissal, removal, or reduction in rank. The specific detailed procedure, including the types of inquiries and appeals, is laid down in the rules framed under the CISF Act by the Central Government (e.g., CISF Rules, 2001). Therefore, the process is governed by both the constitutional requirement of Article 311 and the procedural framework provided by the Central Government rules. State government rules are irrelevant as CISF is a Central force.

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