With two more terminations, number of J-K govt employees sacked citing ‘threat to state security’ goes up to 82

This is the second time since the elected government took charge in October last year that the Lt Governor has terminated government employees. The last terminations took place in April this year.

On Thursday, the government ordered the dismissal of Khurshid Ahmad Rather, a teacher in the education department and a resident of Nawa Gabra, a border village in Tangdhar in Kupwara.

“Whereas, the Lieutenant Governor is satisfied after considering the facts and circumstances of the case and on the basis of the information available, that the activities of Khurshid Ahmad Rather, teacher in the School Education Department, are such as to warrant his dismissal from service,” reads the termination order.

“And whereas, the Lieutenant Governor is satisfied under sub-clause (c) of the proviso to clause (2) of Article 311 of the Constitution of India that in the interest of the security of the State, it is not expedient to hold an enquiry in the case… Accordingly, the Lieutenant Governor hereby dismisses Rather… with immediate effect.”

In a separate but similar order, the Lt Governor ordered the termination of Siyad Ahmad Khan, a resident of Keran in Kupwara.

The provision

Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’.

Under Article 311(2), no civil servant can be “dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges’’.

Subsection (c) of the provision, however, says 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 inquiry”.

In November last year, former chief minister and Peoples Democratic Party president Mehbooba Mufti wrote to Chief Minister Omar Abdullah, seeking an immediate review of such terminations.