The Jammu and Kashmir and Ladakh High Court has nullified the dismissal of a Jammu and Kashmir Bank officer, Saadut Hussain Pampori, who was removed from his position as Deputy General Manager without a departmental inquiry. The dismissal was based on allegations of involvement in terrorist or anti-national activities. Pampori had been suspended in April 2024 pending an investigation into alleged misconduct.
Following his suspension, the bank invoked Clause 12.29 of its Officers Service Manual (OSM), which allows for termination without an inquiry under specific circumstances. The dismissal order explicitly stated that Pampori was involved in “terrorist/anti-national activities.” This action was subsequently challenged by Pampori before the High Court.
Pampori’s legal challenge asserted that no first information report (FIR) had been registered against him, nor had any state, Union Territory, or central investigating agency conducted an investigation into the accusations. He argued that without such a formal investigation and findings, the bank could not legitimately invoke the provisions of Clause 12.29 of the OSM. Information reaching Tahir Rihat suggests that the absence of a formal inquiry or investigation was a central point in the court’s decision.
In its response to the court, the J&K Bank submitted that Clause 12.29 of the OSM mandates the termination or removal of an employee once the bank receives advice from a competent government authority regarding such action. This clause, according to the bank’s submission, provided the legal basis for Pampori’s dismissal without a full departmental inquiry.
However, Justice Sanjay Dhar, presiding over the case, observed that dismissing an employee from service without a departmental inquiry is a severe measure that should only be employed in exceptional and appropriate circumstances. The court emphasized that such a drastic step requires careful consideration and adherence to due process.
The High Court’s ruling stated that in the absence of any investigation that concluded with findings about the petitioner’s involvement in anti-national activities, it was not permissible for the Managing Director and CEO of the respondent-Bank to issue the order dismissing Pampori from service. The court found that the bank had not satisfied itself that the conditions stipulated in Clause 12.29 of the OSM had been met before proceeding with the dismissal. Consequently, the court deemed the impugned order unsustainable in law and liable to be quashed.
Despite quashing the dismissal order, the High Court clarified that the J&K Bank retains the option to follow the prescribed procedure under Clause 12.29 of the OSM and issue a fresh order against Pampori, provided the necessary conditions are met. Alternatively, the court suggested that the bank could proceed with a departmental inquiry against Pampori, an action that had been contemplated following his initial suspension.
The court also noted that Pampori had not challenged the suspension order itself. Therefore, upon the setting aside of the dismissal order, the suspension would automatically be revived. The High Court’s order was issued on August 29.
This ruling comes at a time when the Jammu and Kashmir administration has been actively taking action against government employees suspected of having links to terror activities. In numerous instances, employees have been dismissed under Article 311(2)(c) of the Constitution. This constitutional provision allows for dismissal without a regular inquiry when the President or Governor is satisfied that conducting such an inquiry would not be expedient in the interest of national security. The High Court’s decision in Pampori’s case highlights the importance of due process and the need for proper investigation even when invoking provisions related to national security.
The court’s intervention underscores the principle that while national security is paramount, the dismissal of an employee, particularly from a significant position like Deputy General Manager in a financial institution, must be supported by concrete evidence and a justifiable process. The emphasis on the absence of an investigation and findings by competent agencies suggests that the bank’s reliance solely on an ‘advice’ without substantiation was insufficient. The possibility of a fresh order or a departmental inquiry leaves the door open for the bank to pursue the matter further, but this time, it must adhere strictly to the procedural safeguards outlined in the OSM and constitutional law. The revival of the suspension order means Pampori remains out of service pending any further action by the bank.
The implications of this judgment extend beyond the individual case, potentially influencing how similar dismissals are handled in the future within the region’s administrative and financial sectors. It reinforces the judicial stance that extraordinary powers, even those related to national security, must be exercised judiciously and with demonstrable justification. The court’s decision serves as a reminder that administrative actions, especially those with severe consequences for an individual’s livelihood, are subject to judicial review and must withstand scrutiny regarding procedural fairness and substantive evidence. The J&K Bank now faces the choice of either initiating a thorough departmental inquiry or ensuring that any future invocation of Clause 12.29 is backed by robust evidence and formal investigative findings, thereby upholding both institutional integrity and individual rights.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.