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Kashmir teacher fired without enquiry under Art. 311

Bagheera

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Kashmir teacher fired without enquiry under Art. 311

Peerzada Ashiq
SRINAGAR 02 MAY 2021 02:53 IST
UPDATED: 01 MAY 2021 23:37 IST

Idrees Jan is said to be a supporter of Tehreek-e-Hurriyat

In the first such order, a J&K government teacher, who in the police records is a Tehreek-e-Hurriyat (TeH) supporter, was terminated from his services without holding any inquiry “in the interest of the security of the State”.

“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 Idrees Jan, Teacher, Government Middle School, Kralpora, Kupwara,” reads an order of the General Administration Department (GAD).

The Lieutenant Governor, according to the order, after considering the facts and circumstances of the case and on the basis of the information available was satisfied that the activities of Mr. Jan are such as to warrant his dismissal from service.

According to the police sources, Mr. Jan was a supporter of the Tehreek-e-Hurriyat.

An official said Mr. Jan was facing a number of First Information Reports (FIRs) against him for his activities and was even booked twice under the Public Safety Act (PSA) for his separatist activities.

The J&K government on April 21 constituted a Special Task Force (STF) to identify and scrutinize the government employees, and lodge cases against those involved in any cases related to posing a threat to the country's security or involving anti-national activities.

The task force has been described as “arbitrary” and “draconian” by several political parties in J&K, which include the National Conference, the Peoples Democratic Party, the Peoples Conference, J&K Apni Party and the CPI(M).


- PRTP GWD
 
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Bagheera

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State of distrust

The J&K administration order on security threat posed by its employees is arbitrary and draconian, belies claim of normalcy.

By: Editorial |
Updated: April 26, 2021 4:44:33 am

The Jammu and Kashmir administration’s recent order aimed at the dismissal of government employees who apparently pose a security threat, is not just draconian in itself, it also contradicts claims by the top leadership of the country that “terrorism has ended” and the people of Kashmir are now fully integrated with the rest of the country. Under the order, a Special Task Force will engage with members of a Terror Monitoring Group to compile a list of employees to sack, and recommend these employees to a committee for dismissal. That this being done under existing Constitutional provisions — Article 311(2)(c) — does not make it any nobler. Article 311 of the Constitution lays out the conditions under which a government employee can be dismissed from service. While clause 2 provides that this shall be preceded by an inquiry in which the person will be given a reasonable opportunity to present his side of the story, sub section (c) provides that an inquiry can be waived by the President or the Governor. In other words, summary dismissal. Even accepting the argument that this is being done because of the security threat posed by such an employee, it is most arbitrary, and highly likely to be misused.

The security threat ground is troubling. The setting up of a STF seems to suggest that a number of government employees are terrorist sympathisers. What is the definition of security threat? If there are really so many bad apples, then the government has not told the nation of the scale of the problem in Kashmir. If the issue is that a section of employees is politically separatist-minded, ejecting them from government service may not solve the problem. Plus there is no guarantee that those who replace them would not have similar views. Is the administration going to turn into a thought police?

Through this order, the J&K administration has made an unwitting admission — the place has been dressed up with bonsai Assemblies in each district, namely directly elected District Development Councils, and the tulips are in full bloom, but the task of winning over the people remains. The more the government uses the stick to “discipline”, the less it is going to succeed in persuading people to think what it wants them to. It is not without reason that the most successful nation-states today are democracies. When people are free to hold a political view of their choice and have the freedom to express it, even when such views seem to go against the interests of the state, they make for better integrated citizens.


- PRTP GWD
 

Jugger

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How can a person who openly calls for war against the govt be employed by the same govt..???
This happens only in India….LOL
 

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