J&K HC: President, Govt can terminate govt employees over 'security of state', Pg4

Key Highlights:

• The Jammu & Kashmir and Ladakh High Court ruled that the President or Governor can terminate government employees without inquiry for matters concerning state security.
• The ruling came in response to an appeal by the Jammu and Kashmir government against a single-judge order regarding the dismissal of a police constable.
• Ghulam Mohammad Tantray, a police constable, was dismissed in 2004 under Section 126(2)(c) of the erstwhile Constitution of Jammu and Kashmir, equivalent to Article 311(2)(c) of the Constitution of India.
• Since 2021, the J&K Lieutenant Governor’s administration has dismissed 91 government employees under Article 311(2)(c).

Detailed Insights:

• The government retains the right to determine the tenure of its employees, provided the provisions of Article 311 are observed.
• Article 311 ensures civil servants are informed of charges and given a hearing before dismissal, removal, or rank reduction.
• Article 311(2)(c) provides an exception when the President or Governor believes an inquiry is not expedient for state security.
• The expression “security of the State” includes threats to sovereignty, integrity, terrorism, espionage, militant links, and grave anti-national conduct.
• The dismissed constable was arrested in 2004 for alleged offences under Section 120-B of the Ranbir Penal Code and the Arms Act.
• The single-judge bench had initially quashed the dismissal, citing a lack of explanation for not conducting a departmental inquiry.

Key Concepts Involved:

• Article 311: Deals with dismissal, removal, or reduction in rank of civil servants.
• Security of the State: Encompasses threats like terrorism, espionage, and activities against national integrity.
• Ranbir Penal Code: The penal code applicable in J&K until 2019.