Excelsior Correspondent
Srinagar, May 10: The Central Administrative Tribunal (CAT) has upheld the dismissal of a Kashmir University Professor by the Lieutenant Governor for involvement in anti-national activities.
Dr. Altaf Hussain Pandith challenged his dismissal from service by the Lieutenant Governor of Jammu and Kashmir, on the ground that he was not holding a civil post under the State and, therefore, the provisions of Article 311(2)(c) of the Constitution are not applicable to him as such the LG was not competent to pass his dismissal order.
The counsel for the applicant contended that the LG cannot pass a dismissal order under Article 311(2)(c) of the Constitution of India because he is neither the President of India nor the Governor of a State as also no opportunity of being heard was granted to the ousted Professor.
“According to Section 14 of the Jammu and Kashmir Reorganization Act, 2019, there shall be an Administrator appointed by the President under Article of the Constitution of India for the Union Territory of Jammu and Kashmir, who shall be designated as the Lieutenant Governor of the Union Territory of Jammu and Kashmir”, CAT replied.
“It reveals activities of the applicant-Pandit inconsistent with the duties of a responsible Government servant that too a Professor of a University were and prejudicial to the sovereignty and integrity of India and based on the material placed before the Lieutenant Governor, satisfaction was duly recorded that it is not expedient to hold an inquiry in the interest of security of State. Thus, the procedure adopted in the present case is in consonance with the constitutional mandate.”
It was alleged that the applicant-Pandith was involved in antinational activities and was a member of the Jamaat-eIslami (Jel) & Lashkar-e-Taiba (LeT) and a high level committee was constituted by the LG of Jammu & Kashmir to scrutinize the material presented against the applicant and after scrutinizing the material, the high level committee concluded and recommended that there was sufficient evidence/material against the applicant-Pandith to take action under Article 311(2)(c) of the Constitution of India.
Consequently, the LG issued the impugned dismissal order on 13-05-2022, dismissing him from service.
The bench recorded that dismissal by LG was passed on the recommendation of the High Level Committee in accordance with law and there was sufficient material available against the applicant which was scrutinized by the High Level Committee before recommending the dismissal of the applicant.
“The State has the power to create or abolish the post, regulate the conditions of service for the person so appointed to the post and exercise rights such as suspension, dismissal and removal from service etc. The relationship between master and servant can be established through the exercise of all or some of these powers by the State, which has the right to control the person holding the post”, read the judgment.
It has been further elaborated by the bench on the employees of University that the University of Kashmir has not framed any independent service rules for its employees till date. The University Council, vide its resolution dated 28.08.1972, clarified that the employees of the University of Kashmir would be governed by the Jammu and Kashmir Civil Services Regulations (CSR), 1956.
The bench has held that all the rules, regulations, including Jammu & Kashmir Civil Services Regulations (CSR) are applicable to the employees of Kashmir University, including the applicant-Pandit and has considered that applicant-Pandit was holding a civil post under the State i.e. Kashmir University. “Therefore, the contention raised by the learned counsel for the applicant that the applicant is not holding a civil post cannot be accepted and is hereby rejected”, the bench said.
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