The Jammu and Kashmir administration on Saturday dismissed four government employees from service for their alleged involvement in activities that pose a threat to the security of the state.
Their termination orders cited Article 311(2)(C) of the Constitution and said the lieutenant governor was satisfied that “in the interest of the security of the state, it is not expedient to hold an enquiry”.
Article 311(2) of the Constitution states that public servants cannot be removed from service without an inquiry and a reasonable opportunity of being heard. However, sub-clause (C) of the provision (2) of the Article states that this is not mandatory if the president or the governor is satisfied that an inquiry is not required in the interest of security.
In April 2021, the Jammu and Kashmir government, led by Lieutenant Governor Manoj Sinha, ordered that a Special Task Force be constituted to take action under Article 311(2)(C).
Those dismissed on Saturday are Anaytullah Shah Pirzada from Baramulla, an assistant lineman in the Jal Shakti Department; Shabeer Ahmad Wani from Kulgam, a teacher in the education department; and Jammu and Kashmir Police constables Gh Rasool Bhat and Abdul Rehman Dar, both from the Pulwama district of Kashmir valley.
The termination orders, issued by the General Administration Department, state that the lieutenant governor is “satisfied after considering the facts and circumstances of the case and the basis of information available” that their activities warrant dismissal from service.
The orders do not divulge details of the employees’ actions.
Commenting on the termination of the four employees, former Jammu and Kashmir Chief Minister Omar Abdullah said that by taking such action, the government was alienating the people of the Union Territory.
“It won’t be long before these decisions aren’t the LG’s to make and then due process can be followed & the rule of law will prevail once again in J&K,” Abdullah said, referring to Assembly elections due to be held in the Union Territory by the end of September.
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