J&K Bank Officer Dismissed Over 'Anti-National' Charges Reinstated By High Court

In first such order, the Jammu and Kashmir High Court has struck down the termination of a senior bank officer who was dismissed from service on allegations of being involved in anti-national activities.

Dozens of government employees have been sacked as part of a wider crackdown on alleged separatist supporters and anti-national activities in Jammu and Kashmir since the abrogation of Article 370.

The court has ordered the reinstatement of Saadut Hussain Pampori, Deputy General Manager of Jammu and Kashmir Bank, who was dismissed from the service without holding an inquiry.

Jammu and Kashmir Lieutenant Governor has dismissed dozens of government employees for their alleged links with terror groups or separatist ideology.

The Lieutenant Governor has invoked extraordinary laws that provide for sacking of an employee without holding an inquiry or giving chance to employee to explain her/his position.

Justice Sanjay Dhar observed that high constitutional functionaries like President or the Governor can be trusted to use drastic powers of sacking an employee without holding an inquiry, the same level of trust cannot be reposed in managing director of the bank.

"In the absence of any investigation with a finding about involvement of the petitioner in anti-national activities, etc., it was not open to the Managing Director and CEO of the respondent-Bank to issue the impugned order dismissing the petitioner from service," the court said.

The bank argued that the Managing Director can dismiss an officer without a regular departmental inquiry in cases involving alleged terrorist/anti-national activities or threats to national security.

Saadut Hussain was accused of running #TortureKashmir social media campaign "aimed at creating false narratives against the sovereignty, unity and territorial integrity of the country and the same has resulted in unrest in Kashmir in the years 2008, 2010 and 2016."

The officer had also served as OSD (officer on special duty) to then Chief Minister Mehbooba Mufti.

After his dismissal, Saadat challenged the decision.

He argued before the court that special clause could be used only if an investigation agency establishes his involvement. He said there was no FIR registered against him and no such investigation or inquiry was conducted.

The government and the bank defended the dismissal, saying police conducted a discreet investigation and submitted a report that contained material linking the deputy manager to anti-national activities, including allegedly running the #TortureKashmir campaign.

The government argued that the clause 12.29 was similar to Article 311(2)(c), under which the Lieutenant Governor's administration has dismissed dozens of employees without a departmental inquiry.

The court examined the confidential report and found that it was based on information from sources, discreet enquiries, and social media posts, but "did not show any evidence that the witnesses had been examined or that material had been collected through an investigation as required by Clause".

The bank argued that it had acted on the advice of the competent authority and that a formal FIR was not necessary.