Bengaluru: In a move to prevent a complete breakdown of law and order in the event that the state's police force goes on strike en masse on June 4 under the guise of taking casual leave, Chief Minister Siddaramaiah followed up his late Tuesday night move to invoke Essential Services Maintenance Act (ESMA), by also imposing Article 311 Section (2) of the Constitution.
This will allow the government to dismiss from service striking policemen, who take leave on June 4. The proposed mass leave without sanction by the policemen has already been declared illegal under Section 3 of ESMA, top sources in the government told Deccan Chronicle.
In addition, the government has requisitioned the Central government for deployment of the Rapid Action Force (RAF) as a standby in case the police protests turn violent.
“All the armouries in the commissionerates and districts have been locked as a preventive measure. The government is keeping all the options open to prevent and counter the ‘strike’,” the officer added.
Those who opt for leave on the day will be booked for criminal offence and if convicted will be dismissed under Article 311 (dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State) andf Section (2), "No such person..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 considered illegal."
Under ESMA the State has the power to prohibit strikes in certain employments if the Government is satisfied that in the public interest it is necessary or expedient to do so. Any person who commences a strike, which is illegal under this Act or goes or remains on, or otherwise takes part in, any such strike shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to '200, or with both. Under Article 311 the government can dismiss government officials, who participate in an illegal strike.
