In a first, Jammu and Kashmir government dismisses employee for engaging in 'anti-national' activities

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In what is the first such case, the Jammu and Kashmir government headed by Lieutenant Governor Manoj Sinha, terminated the service of a government school teacher for allegedly being involved in anti-national activities without holding any inquiry.

According to a government order (No 400-JK (GAD) of 2021) issued by the General Administration Department (GAD), Idrees Jan, a teacher at Government Middle School, Kralpora in north Kashmir’s Kupwara district, has been dismissed from service.

“….., 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 Mr Idrees Jan, Teacher,” the order reads.

While Article 311(2) says no government employee shall be dismissed or removed or “reduced in rank” except after an inquiry, its sub-section C says this clause will 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”.

Read | J&K govt sets up STF to terminate jobs of employees involved in 'anti-national activities'

Accordingly, the order says, the LG dismisses Idrees Jan, with immediate effect.

In April, the J&K government had announced the formation of a Special Task Force (STF) to bring under the scanner government employees allegedly involved in ‘anti-national’ activity. The STF has been empowered to compile records of such employees and refer them to the committee constituted on July 30 last year.

There were complaints that government employees, who were allegedly involved in anti-national activities during street protests, instigating people against security forces were neither booked nor were FIRs allowed to be filed against them by political governments.

In July last year taking note of the situation, the J&K government constituted a panel to scrutinise and recommend cases for dismissal of their services. Sources said social media activities of the employees, even under a fake identity, would also fall in the category of anti-national activities.