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EditorialEnsure a fail-proof case while sacking!

Ensure a fail-proof case while sacking!


The Article 311(2)(C) of the Constitution undoubtedly empowers the government to terminate employees without conducting an inquiry into their conduct or giving them a chance to explain their position in the matter of State's security. This can occur if the President or the Governor, as applicable, is satisfied that, in the interest of state security, it is not expedient to hold such an inquiry. However, before invoking this law, it is imperative to consider all angles in each individual's case. This would ensure as safeguard as those sacked would not sit idle and invoke forcefully all the remedies available to them under the law and constitution. Moreover, in view of the basic legal fundamentals that no injustice occurs to anyone while invoking this stringent law, which is meant to safeguard the security interests of the country. While discussing this crucial issue, it's important to remember that those invoking such a law should have credible antecedents notwithstanding some individuals with doubtful integrity had crept into various layers of administration. Like many other laws, the potential for misuse of this regulation cannot be overlooked, especially in matters concerning employee conduct. This is because those who invoke such laws are also government servants. Therefore, their credibility should be thoroughly assessed by the authorities approving the termination of employees allegedly posing a threat to security. These days, the talk of the town is sacking of four more government employees in J&K after about fifty others being shown doors by the government of the UT invoking the aforesaid provisions of the law in the past.

Pertinent to mention here that and administration on Wednesday sacked four more Government employees including Assistant professor (medicine) at SMHS Hospital, Srinagar, Nisar-ul-Hassan, Constable Abdul Majeed Bhat, laboratory bearer in the Higher Department Abdul Salam Rather, and teacher in Education Department Farooq Ahmad Mir for their alleged terror links in the Union Territory. There is no doubt that the law of the land permits such action if the President or the Governor believes that conducting an inquiry is not expedient in a particular case. However, before seeking the assent of individuals occupying the esteemed positions of President and Governor, the government should ensure that the case for terminating a particular employee or employees is free from any lacunae. To achieve this, a failsafe inquiry mechanism should be ensured and established otherwise such action may backfire later in the courts.

This issue is of great importance, as courts in the country have repeatedly asserted and observed that although 1000 culprits may escape, not even one innocent person should be punished. Therefore, it is necessary to exercise due care in all such cases. Mere criticism of the government should not be used as an alibi to deprive individuals of their rights by labeling them as threats to national security.




The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.

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