The Jammu and Kashmir government on Tuesday terminated the services of four of its employees for their alleged involvement in “activities against 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 does not allow any public servant to be removed from service without an inquiry and a reasonable opportunity of being heard. Bit sub-clause (C) of the provision (2) of the Article states that it is not mandatory if the president or the governor is satisfied that an inquiry is not required in the interest of security.
Therefore, a public servant can be terminated from the services without any inquiry.
In April 2021, the Jammu and Kashmir government led by Lieutenant Governor Manoj Sinha had ordered that a Special Task Force be constituted to take action under Article 311(2)(C).
Those fired on Tuesday are Ab. Salam Rather from Kulgam, a laboratory bearer in the higher education department, Jammu and Kashmir Police constable Abdul Majeed Bhat from Kupwara, Dr Nisar-Ul-Hassan, assistant professor (medicine) at Shri Maharaja Hari Singh Hospital in Srinagar, and Farooq Ahmad Mir from Kupwara, a teacher in the education department.
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.
Since the constitution of the Special Task Force, the Jammu and Kashmir administration has fired 59 employees on similar grounds.
When the task force was announced, the Jammu and Kashmir Employees Joint Action Committee said that the move had spread panic among the employees, who were not only stressed but also overburdened.
“The termination of employees without giving them a chance to be heard is against the spirit of law and the constitution of the country,” Mohammad Rafique Rather, the president of the committee had said.