STF constituted to scrutinize such cases
Nishikant Khajuria
JAMMU, Apr 21: Moving an another step forward for initiating dismissal or other punitive action against the ‘terrorist friendly’ Public Servants without holding any inquiry, the Government of Jammu and Kashmir today ordered constitution of a Special Task Force to identify and scrutinize such cases.
Headed by Additional Director General of Police (CID), J&K, the Task Force shall scrutinize such cases of the employees suspected of activities requiring action under Article 311(2) (c) of the Constitution of India, which empowers the Lt Governor to order dismissal or removal or reducing in rank a Public Servant in interest of the security of the State without holding any inquiry.
“The Special Task Force shall speedily scrutinize the cases in a time bound manner and take assistance of other agencies in this regard besides engaging with other members of the Terror Monitoring Group (TMG),” read the Government order number 355-JK(GAD) of 2021, dated 21-04-2021.
The STF, comprising IGP Jammu/Kashmir, representative of Home Department, Department of Law, Justice & Parliamentary Affairs and the concerned Department as the Members, shall compile record of such employees and refer it to the Chief Secretary headed committee, which was constituted last year for action in terms of provisions of Article 311(2) (c) of the Constitution of India.
It may be recalled that the Government of Jammu and Kashmir had last year constituted a committee vide order number 738-JK(GAD) of 2020, dated 30-07-2020 to invoke special provision of the Constitution of India, which confers powers for dismissal, removal and reduction in the rank of public servants without holding any inquiry but on the basis of relevant records and other collateral evidence.
The Chief Secretary headed committee comprised of Administrative Secretary, Home Department, Director General of Police, Administrative Secretary, General Administration Department, Additional Director General of Police CID and Administrative Secretary, Department of Law, Justice and Parliamentary Affairs.
As per the Government order, the cases shall be referred by the Administrative Departments or Police Organization to the Home Department and on the receipt of such report, the Home Department will examine the case. Upon satisfaction that the case meets the requirements of Article 311(2)(c), the Home Department will place the case before the committee headed by the Chief Secretary.
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.
The Home Department shall place each case along with the recommendations of Additional Director General, CID J&K before the CS-headed Committee and orders of dismissal shall be issued by the General Administration Department after the approval of the competent authority.
Sources said that all pending cases are being decided under the new procedure and all the departments have already been asked to seek the advice of the Home Department before deciding the period of suspension of Government employees whose dismissal orders were either quashed by the courts or who resumed duty after detention.
Article 311 of the Constitution of India confers powers on the Government for dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State or Union Territory. And Section 2(C) of this Article states: “The clause regarding holding of inquiry before dismissal, removal or reduction in the rank of public servants shall 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”.
Invoking of the provision of Article 311(2(c) of the Constitution of India will help the Government whenever the decisions about dismissal or removal or reduction in rank of the public servants are challenged in the courts, said the sources.
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