May 2, 2021 3:49:35 am
A little over a week after the J&K administration set up a Special Task Force (STF) to initiate action against government employees suspected of activities “against the security of the State” under Article 311(2) (C), Lt Governor Manoj Sinha ordered the termination of the first government employee under these provisions.
On Friday night, the General Administration Department (GAD) issued an order to dismiss school teacher Idrees Jan, a resident of Kupwara district, from government service.
Article 311(2) (C) of the Constitution gives the administration powers to terminate the services of a government employee without constituting an inquiry against the person. While Article 311(2) says no government employee shall be dismissed or removed or reduced in rank except after an inquiry, the sub section (C) says that this clause shall not apply where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such an inquiry.
“Whereas, the Lieutenant Governor (Manoj Sinha) is satisfied after considering the facts and circumstances of the case and on the basis of information available that the activities of Mr Idrees Jan, Teacher, Government Middle School, Kralpora Kupwara are such as to warrant his dismissal from service,” reads the order issued by the GAD that says Jan has been dismissed “with immediate effect”.
While the government order doesn’t elaborate the charges against the government teacher, his family said the decision was unexpected and unwarranted.
“We didn’t expect it,” his cousin Manzoor Ahmad told The Indian Express. “He is the family’s sole earning member. It is as if a mountain has come crashing down on his wife, two daughters and son.”
In the 1990s, Jan’s uncle, also a government teacher, had been picked up allegedly by the Border Security Forces (BSF) just outside the gates of his school, after which he was never seen again. In 2007, the government appointed Jan as Laboratory Assistant on compensatory grounds and, a few years later, promoted him as teacher. Jan’s cousin Manzoor says that during the 2016 Burhan agitation, police had booked Jam for stone pelting and jailed him. “We approached the court which ordered his immediate release. After his release, the government stopped his salary for some time but released it again,” Manzoor said. “For the last four years, he has stayed away from all political and other gatherings, and was living a peaceful life.”
Citing “security of the state”, the J&K had last month set up a Special Task Force headed by Additional Director General of Police (ADGP), Criminal Investigation Department. The members of the STF are the Inspectors General of Police of Kashmir and Jammu, a representative of the Law, Justice and Parliamentary Affairs department and a representative of the department to which the employee belongs to.
The government had empowered the STF to “scrutinise cases of employees suspected of activities requiring action under Article 311(2) (C), to complete the record of such employees and to refer it to a committee constituted by the government to engage with the other members of the Terror Monitoring Group (TMG) for identifying such employees and to take assistance of such other agencies and departments in this regard”.
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