( 1 ) IN view of clause (2) of Article 311 of the Constitution, no person holding a civil post under the Union.

"shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed but only on the. basis of the evidence adduced during such inquiry. "

( 2 ) ONE of the exceptions to the above rule is enacted in proviso (a) to Article 311 (2) which runs as follows :-

"provided that this clause shall not apply (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge. "tirkha Ram, petitioner in Civil Writ No. 217 of 1969 and Daya Nand, respondent in L P. A. 90 of 1971, were employees of the Indian Posts and Telegraphs Department. Tirkha Ram along with another was charged under sections 468/34 and 42. 0/511 Indian Penal Code. Both of them pleaded guilty to the charges and were con