The procdure for imposing of a Major Penalty is based on the provisions of Art.311 of the Constitution, according to which a member of Civil Service of the Union or a All India Service or a Civil Service or a holder of a civil post under the Union or a State shall not be dismissed ,removed or reduced in a rank unless he is informed of the charges against him and a enquiry is held and he is given a reasonable opportunity of being heard in respect of the charges. Art.311 as such does not apply, principles nevetheless apply to employees of Public Sector Undertakings etc. by virtue of the Fundamental Rights enshrined in Art. 14, 16 and 21 of the Constitution.
It is , however, shocking that in one of its submission in the Tribunal in the case of one Anjana Devi Mittal relating to Termination of Service, ONGC has contended that Art.311 does not apply on ONGC. In the same case earlier it was also maintained by that Industrial Dispute Act does not apply on ONGC. Further, termination of service is its internal matter. The services of this lady were terminated some time in 1994. How much a person suffer because of ignorance on the part of an organisation.
Earlier,erstwhile O il and Natural Gas Commission (ONGC) was a Directorate, a subordinate office, under the Ministry of Natural Resources & Scientfic Rresearch (NRSR) and later-on functioned under the Ministry of Steel, Mines Fuel. It became statutry body under ONGC Act 43 of 1959 and it functioned as a statutory body(Public Sector Undertaking ) till 1993 when it was transformed into a public limited company functioning under the Ministry of Petroleum & Natural Gas ownd by the Government of India. In the circumstances it is undisputed that ONGC since its inception had been and continues to be instrumentality and agency of Central Govt and as such State within the meaning of Art.12 of the Constitution of India.