Srinagar: The termination of two more government employees has sent a setback to Chief Minister Omar Abdullah’s poll promise of securing the reinstatement of the terminated employees after reviewing each case.
The ruling National Conference (NC) had vowed to reinstate 74 employees sacked for alleged terror links under Article 311 (2) (C) of the Constitution of India in the interest of the security of the state. This allowed Lieutenant Governor Manoj Sinha to sack two more employees on Friday without holding any inquiry.
The terminated employees are Abdul Rehman Naika of south Kashmir’s Kulgam, who worked as a pharmacist in the Health and Medical Education department, and Zahir Abbas of Kishtwar, who was posted as a teacher in the school Education Department. Their dismissal has taken the number of employees, including professors, doctors, policemen, and other employees, to 76. Of them, 68 are from Kashmir, while eight are from the Chenab and Pir Panjal districts of the Jammu region.
Many see this as the first attempt of the LG Sinha to show his authority over the domain where the powers of the chief minister are restricted and hence “discrediting” the elected government.
The Home Department, which is the key domain comprising Jammu and Kashmir Police and law and order, is out of the purview of the elected government in the Union Territory. In the current setup, the rules allow the LG key powers over prisons, prosecution, or appointment of Advocate General, further curtailing the powers of the CM.
Unlike the erstwhile state, the current model of governance allows Police and Intelligence agencies to directly report to J&K LG instead of the chief minister. This also authorises the LG to remove any employee based on dossiers prepared by intelligence agencies.
The government’s commitment to zero tolerance against terrorism includes its ecosystem as well, which means the supporters and those providing ideological support to terrorism, says a senior security official.
This includes the two employees, according to him, whose links with terror outfits like Hizbul Mujahideen were established during investigations. But the latest move has put pressure on CM Abdullah, who is cautiously waiting for regaining the statehood to undo some of the previous decisions. This, according to National Conference spokesperson Imran Nabi Dar, includes the undoing of the sacking of employees without any inquiry.
“We have been insisting statehood should be returned,” he told ETV Bharat. “Otherwise they will continue to come up with orders. It is a matter of time to get statehood. As soon as we get it, the decision on the sacking of employees will be the first thing.”
Amid the lack of power in the government, the NC’s political opponents, like the Peoples Democratic Party (PDP), are trying to corner Abdullah over these issues. This was evident when PDP chief and former Chief Minister Mehbooba Mufti wrote to Abdullah seeking a review of the termination of government employees early this month.
In the meantime, Hurriyat Conference Chairman Mirwaiz Umar Farooq has set expectations from the elected government, urging that “injustice” be stopped and all the fired employees reinstated.
“Two more government employees terminated by the stroke of a pen without any legal recourse! Families were rendered destitute before the onset of harsh winters. Punishment and fear are the hallmarks of an authoritarian mindset that has been ruling us here,” he posted on X.
On the other hand, terminated employees were pinning hopes on Abdullah to review the alleged unilateral decisions after his government assumed the charge last month.
An employee who was dismissed from the service admitted the powerlessness of the government in the face of restricted powers but notes that the silence of the chief minister is being perceived as he has shunned the poll promises.
“There is a popular perception that these terminations have been done unilaterally without following the principles of natural justice,” he added. “Employees who have no prior cases or anything adverse against them in police records should be reinstated.”
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