On April 21, the Jammu and Kashmir government led by Lieutenant Governor Manoj Sinha ordered the constitution of a Special Task Force to ta...
On April 21, the Jammu and Kashmir government led by Lieutenant Governor Manoj Sinha ordered the constitution of a Special Task Force to take actions under Article 311(2)(C) of the Constitution of India.
Article 311(2) of the Constitution disallows any public servant’s removal from service without an inquiry and a reasonable opportunity of being heard. However, the sub-clause (C) of the provision (2) of the article states that if the President or the Governor is satisfied that an enquiry is not required in the interest of the security of the state, it is not mandatory. Therefore, a public servant can be terminated from the services without any inquiry.
Nine days after the Special Task Force was constituted, the Lieutenant Governor ordered the termination of three government employees from Kashmir: a school teacher Idrees Jan from Kupwara, an assistant professor Abdul Bari Naik from Kulgam and a naib tehsildar Nazir Ahmad Wani from Pulwama district.
The termination orders cited Article 311(2)(C) of the Constitution and said the Lieutenant Governor was satisfied that “in the interest of the security of the State, it is not expedient to hold an enquiry”. No further explanation was given, neither were any lapses or misconduct on the part of the...
