Governor can dismiss employees without inquiry in security matters: J-K HC
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The Jammu and Kashmir and Ladakh High Court has ruled that the President or Governor, acting on the aid and advice of the Council of Ministers, can dismiss a government employee without a departmental inquiry or hearing if the matter involves the “security of the State.”
The verdict came while hearing an appeal filed by the Jammu and Kashmir administration challenging a single-judge order that had quashed the dismissal of a police constable accused of anti-national activities.
A Division Bench comprising Justices Sanjeev Kumar and Sanjay Parihar upheld the 2004 termination of Ghulam Mohammad Tantray, a Jammu and Kashmir Police constable, who was dismissed during the then Governor’s rule.
Tantray, who joined the police force in 1991, was arrested in 2004 by Srinagar’s Zadibal police in connection with offences under Section 120-B of the Ranbir Penal Code (then applicable in Jammu and Kashmir) and provisions of the Arms Act. Following his arrest, the government invoked Section 126(2)(c) of the erstwhile Constitution of Jammu and Kashmir—corresponding to Article 311(2)(c) of the Constitution of India—to terminate his services without holding a departmental inquiry.
A single-judge bench had earlier set aside the dismissal, calling it “flawed” and “without reasons,” noting that the government had failed to explain why an ongoing departmental inquiry was abandoned in favour of invoking the constitutional provision.
However, reversing that decision, the Division Bench observed that the government retains the right to regulate or determine the tenure of its employees at pleasure, subject to compliance with Article 311. It further held that this power cannot be curtailed by any service contract, except to the extent recognised under Article 310(2) of the Constitution of India.
Article 311 of the Constitution provides safeguards for civil servants, stating that no employee can be dismissed, removed, or reduced in rank without a proper inquiry and a reasonable opportunity to defend themselves. However, Article 311(2)(c) creates an exception where the President or Governor is satisfied that holding an inquiry is not expedient in the interest of the “security of the State.”
The court emphasised that the threshold of “security of the State” is high and typically covers terrorism, espionage, militant links, and activities threatening the sovereignty and integrity of the nation or involving serious anti-national conduct.
It also clarified that the satisfaction reached by the President or Governor is subjective and may be based on confidential inputs regarding threats to national security. While judicial review in such cases is limited, the court noted that it is still permissible if the decision is found to be mala fide, arbitrary, or unsupported by relevant material, or if it does not genuinely relate to the security of the State.
The judgment also noted that the Jammu and Kashmir Lieutenant Governor’s administration has dismissed 91 government employees since 2021 under Article 311(2)(c). Of these, seven employees have been dismissed this year alone over alleged militant links. In April, two Class-IV employees—one from the Education Department and another from the Rural Development Department—were terminated for alleged militant links and anti-national activities. In January, five others, including a school teacher and a police constable, were also dismissed.
The move has drawn political reactions, with former Chief Minister and People’s Democratic Party president Mehbooba Mufti writing to Chief Minister Omar Abdullah seeking a review of such terminations. Several regional political parties have criticised the dismissals, calling them “arbitrary” and alleging that they are aimed at “disempowering” people in the Valley.