Jammu and Kashmir LG dismissed a doctor, school teacher, lab bearer, constable. No enquiry is required in their cases as per Article 311 sub-clause.
Vagisha Kaushik | November 22, 2023 | 12:59 PM IST
NEW DELHI: The Jammu and Kashmir government has dismissed four government employees including an assistant professor of medicine, school teacher, and a lab bearer in higher education department due to their involvement in anti-national activities, as per ANI.
The lieutenant governor dismissed Ab Salem Rather, Abdul Majeed Bhat, Nisar-Ul-Hassan, and Farooq Ahmad Mir from their duties with immediate effect. Rather is the laboratory bearer, Bhat is a constable in Jammu and Kashmir police, Hassan is a professor at Government Medical College (GMC) Srinagar and a doctor at SMHS Hospital. Mir is the school teacher.
The general administration department of the union territory issued four separate orders for the dismissal of these persons. In the official order, the J-K administration said that after considering the facts and circumstances of the cases and on the basis of available information, the LG is satisfied that the activities of the four people are such that they warrant their dismissal from service.
“Accordingly, the lieutenant governor hereby dismisses Dr Nissar-Ul-Hassan, assistant professor (medicine), SMHS Hospital, Srinagar, son of Ghulam Hassan, resident of village Achabal, Sopore, Baramulla from service with immediate effect,” the general administration department said in the official order for Hassan.
Under the sub-clause (c) of the proviso of Article 311 of the Constitution of India, it is not useful to hold an enquiry in the cases of the four persons in the interest of the security of the state, the order added.
The Article 311 talks about the dismissal, removal or reduction of rank of persons employed in civil services of the union and the second clause says that no such person can be dismissed except after an inquiry in which the person is informed about the charges against them and is given the opportunity of being heard. However, the Constitution states that this clause does not apply in three cases. The sub-clause (c) , which is one of them, states: “Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.”
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