On April 21, the Jammu and Kashmir government led by Lt Governor Manoj Sinha ordered the constitution of a Special Task Force to take actions under Article 311(2)(C) of the Constitution of India. Article 311(2) of the Constitution disallows any public servant’s removal from service without an inquiry and a reasonable opportunity of being heard. However, the sub-clause (C) of provision (2) of the article states that if the President or the Governor is satisfied that an enquiry is not required in the interest of the security of the state, it is not mandatory. Therefore, a public servant can be terminated from the services without any inquiry.
Nine days after the Special Task Force was constituted, the Lt Governor ordered the termination of three government employees from Kashmir: a school teacher Idrees Jan from Kupwara, an assistant professor Abdul Bari Naik from Kulgam, and a naib tehsildar Nazir Ahmad Wani from Pulwama.
The termination orders cited Article 311(2)(C) of the Constitution and said the Lt Governor was satisfied that “in the interest of the security of the State, it is not expedient to hold an inquiry”. No further explanation was given, neither were any lapses or misconduct on the part of the terminated employees spelt out.
THE SCHOOL TEACHER
Idrees Jan, the school teacher, said he was informed about his sacking in the presence of the police. The 39-year old, who joined government service in 2007, said he was shocked. “Before the Covid lockdown, I had attended to my duty very normally,” he said.
This story is from the May 16, 2021 edition of Kashmir Life.
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This story is from the May 16, 2021 edition of Kashmir Life.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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