Srinagar: The Jammu and Kashmir Lieutenant Governor administration terminated 12 government employees this year for their alleged involvement in anti-national activities, taking the total number of terminated employees to 76.
While the termination of government employees began in 2021, two years after the abrogation of Article 370 and downgrading of Jammu and Kashmir State into a Union territory on August 5, 2019, the exercise seems endless even as an elected government is in place since October this year which promised to "end unjust terminations".
This year the exercise began on June 8, when the LG administration terminated two policemen, Abdul Rehman Dar, Ghulam Rasool Bhat, both residents of Tral in Pulwama,
Anayatullah Shah Pirzada, an Assistant Lineman in the Jal Shakti Department, from Rafiabad of Baramulla and Shabeer Ahmad Wani, a Rehbar-e-Taleem (ReT) teacher of School Education Department, from Damhal Hanjipora of Kulgam district.
On July 24, the LG administration terminated four employees including two policemen. The terminated employees include Mushtaq Ahmad Pir, senior grade constable from Handwara of Kupwara district, Imtiyaz Ahmad Lone, a police constable from Gamraj village of Tral of Pulwama district, Bazil Ahmad Mir, a Junior Assistant in Education Department from Khurhama village of Lalpora of Kupwara and Mohd Zaid Shah, a Village Level Worker in the Rural Development Department from Basgran village of Baramulla district.
On August 3, the LG administration terminated six more government employees, including five policemen in their alleged involvement financing terrorism through a narco-terror network. The dismissed employees were identified as Head Constable Farooq Ahmad Sheikh, Constable Khalid Hussain Shah, Constable Rehmat Shah, Constable Irshad Ahmad Chalkoo, Constable Saif Din and a school teacher Nizam Din.
On November 29, a resident of Devsar, Kulgam, Abdur Rehman Naika, Pharmacist in the Health and Medical Education department, and Zahir Abbas of Kishtwar, who was posted as a teacher in the school Education Department, were terminated.
All these employees were terminated by the LG administration after invoking Article 311(2)(c) of the Constitution of India which authorises the President or the Governor or LG to dismiss an employee if the government is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.
The termination exercise began on July 30, 2020 when the LG administration constituted a Committee of top officials for scrutinizing and recommending cases under Article 311(2)(c) of the Constitution of India.
Set up under the Government Order No.738-JK (GAD) of 2020, dated 30.07.2020, the committee was headed by Chief Secretary of Jammu and Kashmir, Administrative Secretary, Home Department, Director General of Police, Administrative Secretary, General Administration Department, Additional Director General of Police, CID, Administrative Secretary, Department of Law, Justice & Parliamentary Affairs.
The committee followed the below procedure for invoking Article 311(2)(c).
- The cases shall be referred by the Administrative Departments or Police Organization to the Home Department. On receipt of such report, the Home Department shall examine the case and upon satisfaction that the case meets the requirements of Article 311(2) (c), it shall place the case before the Committee.
- The recommendations in respect of such cases shall be supported by relevant records which may include a copy of the interrogation report and other collateral evidence to justify dispensing with the holding of an inquiry in the interest of security of the State.
- The Home Department shall place each case along with the recommendations of ADG, CID, J&K before the Committee.
- Recommendations of the Committee shall be processed by the Administrative Secretary, Home Department for orders of the Competent Authority in terms of Article 311(2)(c) of the Constitution of India.
Following this committee, the LG administration constituted a Special Task Force for dismissal of the employees. On April 21, 2021 the LG administration formed the STF the which was headed by Additional Director General of Police(CID) was nominated as its Chairman, Inspector General of Police, Jammu/Kashmir, Representative of Home Department not Member below the rank of Additional Secretary, Representative of Department of Law, Justice Member & Parliamentary Affairs not below the rank of Additional Secretary and Representative of the Concerned Department, as necessary, not below the rank of Additional Secretary are its members.
The STF scrutinizes cases of employees suspected of activities requiring action under Article 311(2)(c) of the Constitution of India, compiles records of such employees, wherever necessary and refers it to the Committee headed by the chief secretary which invokes Article 311 (2) (c). It can engage with other members of the Terror Monitoring Group (TMG) for identifying such other employees, as necessary, and can take the assistance of other Agencies and Department(s) in this regard, as necessary.
The chief secretary led committee sends the file to the Lieutenant Governor who then orders their dismissal.
The first termination began on April 30, 2021 when the LG terminated three government employees- Idress Jan, a teacher from Kralpora, Kupwara, Dr Bari Naik Assistant Professor of Geography, of Kulgam, Nazir Ahmad Wani, Naib Tehsildar from Rajpora, Pulwama.
Wani passed away recently due to a heart attack. He was jailed for 2 years under Unlawful Activities Prevention Act (UAPA).
Since 30 April 30 2021, a total of 76 employees were terminated. The termination has put the elected government of National Conference in dock which has promised to "end unjust terminations".
The NC also promised to address and rectify cases of unjust
job terminations, ensuring fair treatment and job security for all employees.
NC chief spokesperson and legislator Tanvir Sadiq had told ETV Bharat that the government will "need some time to relook all those cases" of employees which were terminated.
Read more:
- Mehbooba Mufti's Appeal to J&K CM Omar Abdullah: Address Plight of 'Unfairly' Dismissed Govt Employees
- 'Denied Job Despite Selection': Congress Legislator Urges J&K Govt To Review Verification Policy For Kin Of Militants, Stone Pelters
- Five Years After Article 370 Abrogation, Around 90 Employees Dismissed By LG Manoj Sinha-led J&K Administration
