Jammu and Kashmir Bank Officer Reinstated by High Court

Jammu and Kashmir High Court quashes dismissal of bank officer over anti-national activity allegations

Srinagar: The High Court of Jammu and Kashmir has overturned the termination of services of senior officer of Jammu and Kashmir Bank Saadut Hussain Pampori, whose services had been terminated following accusations of being involved in anti-national activities. It has been decided that the termination of his services cannot be upheld as it was based on neither any inquiry nor investigation. This judgment comes at a time when various government officials are being booked for being associated with separatist ideologies and terror groups in Jammu and Kashmir.

Jammu & Kashmir Bank Officer is Removed Without Inquiry

The Jammu & Kashmir Bank had sacked Saadut Hussain Pampori who was a Deputy General Manager with the bank. As per authorities, Pampori was associated with #TortureKashmir movement on social media. It was alleged that the social media movement was meant to spread falsehood regarding the sovereignty, unity, and territorial integrity of India. Earlier, Saadut Hussain Pampori was also working as Officer on Special Duty (OSD) to the former Jammu & Kashmir Chief Minister Mehbooba Mufti. Upon dismissal from service, Pampori filed a case challenging his removal before the Jammu and Kashmir High Court.

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Arguments Put Forward by Pampori

In the court, Pampori contended that in order to invoke the special provision to terminate him, proof of his participation would have to be made first through an investigation. Pampori said that no FIR was filed against him and no investigation or departmental inquiry proved his participation in anti-national activities. He further contended that prior to termination, he was not given an opportunity to make his stance clear.

Jammu and Kashmir High Court Analyzes Secret Report

On the other hand, the government and Jammu and Kashmir Bank supported the order. The former stated that the secret investigation carried out by the police generated certain information linking Pampori with anti-national activities and the TortureKashmir movement. The latter said that its Managing Director and CEO have the power to dismiss any employee without conducting a departmental inquiry where allegations against the employees relate to terrorism, anti-national activities or threat to national security. But, Justice Sanjay Dhar analyzed the secret report submitted to the court. The court noted that the secret report contained information gathered from sources and discreet inquiries along with the posts on social media platforms. It was further found that the secret report did not contain evidence that the witnesses were examined or that any material had been collected in connection with the investigation as per service clause.

Questions on Court’s Authority to Dismiss Bank without Inquiring into Matters

Sanjay Dhar, J, said that extraordinary authority to dismiss an employee without inquiry can be vested in high constitutional functionaries like the President or the Governor in situations specified under the law. Yet, the court was of the view that there could be no automatic presumption of such confidence in the Managing Director and CEO of the bank. It was found that without making an inquiry whether Pampori was involved in any anti-national activity, the bank’s management had no right to pass the dismissal order.

Government Reliance on Article 311(2)(c)

The government claimed that the clause in question from the service rules under Clause 12.29 was similar to Article 311(2)(c) of the Constitution. Article 311(2)(c) allows some government officials to be dismissed even without a proper investigation if the President or Governor is satisfied that such investigation will not serve the national interest of national security. In the case of Jammu and Kashmir, the administration has taken recourse to these exceptional measures in several instances where government officials are accused of having links with terrorists and secessionists. But what distinguishes the power exercised by constitutional authorities and the power exercised by the management of Jammu and Kashmir Bank?

Dismissal Orders Struck Down

In a significant decision, the Jammu and Kashmir High Court has finally struck down the dismissal orders passed against Saadut Hussain Pampori and ordered him to be reinstated. This decision stresses that any accusation of national security issues should be backed up by legally valid materials for the use of dismissal orders under extraordinary provisions. This decision is made against the background of an extensive drive conducted in Jammu and Kashmir after the abrogation of Article 370, in the process of which many government employees have been dismissed on account of their alleged ties with separatism or terror. The case of Pampori is a very important one, as it makes clear that the law should still be followed in all cases.