After govt teacher, Naib Tehsildar sacked ‘without inquiry’ in Kashmir

After govt teacher, Naib Tehsildar sacked ‘without inquiry’ in Kashmir

A Naib Tehsildar was fired from his services in south Kashmir district of Pulwama without holding any inquiry ‘in the interest of the security of the state’.

This is the second such case where a government employee was sacked during the last couple of days under Article 311. Earlier, a government teacher from north Kashmir district of Kupwara was sacked from his services without any inquiry, attracting huge criticism from civil society and political leaders.

“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 of Nazir Ahmad Wani, Naib Tehsildar, Pulwama-II,” an order of the General Administration Department (GAD) read.

The order further said that Lt Governor after considering the facts and circumstances of the case and on the basis of the information available that the activities of Mr Wani are such as to warrant his dismissal from service with immediate effect.

Reacting to these actions, former chief minister Mehbooba Mufti on Monday said that in the middle of COVID-19 pandemic, centre should focus on saving lives instead of firing government employees on flimsy grounds in Kashmir. “No wonder its misplaced priorities have converted India into shamshanghats & kabristans. The living continue to suffer & the dead are deprived of dignity,” Ms Mehbooba, who is the president of Peoples Democratic Party (PDP), wrote on micro-blogging site twitter.

Several politicians, including Apni Party (AP) president Syed Mohammad Altaf Bukhari and senior CPI(M) leader Mohammad Yousuf Tarigami, besides others have appealed to the Lt Governor to terminate these dismissal orders.

The J&K government on April 21 constituted a Special Task Force (STF) to identify and scrutinize the government employees, and lodge cases against those who pose a threat to the country’s security or are involved in ‘anti-national activities’.

The STF under the chairmanship of Additional Director-General of Police, Criminal Investigation Department (CID) has been scrutinizing the cases of employees suspected of being involved in activities requiring action under the proviso (C) of Article 311(2) of the Constitution. Under the proviso (C) of Article 311(2), the government is empowered to terminate an employee without recourse to the normal procedure if it is satisfied that his or her retention in public service is prejudicial to the security of the state.

Several political parties, including Peoples Democratic Party (PDP), National Conference (NC), Peoples Conference, CPI(M) and Apni Party have criticized the government for setting him the STF, describing it ‘draconian’ and ‘arbitrary’.

The STF was asked to compile records of such employees and refer them to the committee constituted last year.

Last year in July, a committee headed by J&K chief secretary and comprising administrative secretary home department, DGP, administrative secretary GAD, additional director-general of police, CID and administrative secretary department of law, justice and parliamentary affairs was set up to scrutinise and recommend cases under the proviso (C) of Article 311(2).


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