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J&K Admin Resumes Crackdown on Employees, Sacks Four Over 'Terror Links' Under Article 311

A teacher was suspended for critiquing the administration over a school's “shabby" condition.
Jammu and Kashmir's LG Manoj Sinha. Photo: X/@manojsinha_
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New Delhi: Days after the culmination of the Lok Sabha polls, the Jammu and Kashmir administration has resumed the crackdown on its employees by terminating two more police constables and a teacher among four government officials.

Meanwhile, a teacher was suspended for critiquing the administration over a school’s “shabby” condition.

In an order on Saturday, June 8, the J&K administration dismissed four employees by invoking a controversial legislation which has been dubbed by activists as an instrument of crackdown on free speech in the Union Territory after the reading down of Article 370.

Invoking sub-clause (c) of Clause 2 in Article 311 of the constitution, J&K’s lieutenant governor Manoj Sinha passed the order for the termination of four employees who have been reportedly accused of a wide range of charges including links with militants and association with the Jamaat-e-Islami (JeI), a socio-religious outfit which was banned by the Centre in 2019.

An order issued by J&K’s general administration department on Saturday, June 8, said that the lieutenant governor was “satisfied after considering the facts and circumstances” and on the basis of “information available” that the activities of Abdul Rehman Dar, a Selection Grade Constable in J&K’s Police Department, are “such as to warrant his dismissal from service”.

A similar order was issued against Ghulam Rasool Bhat, also a police constable. Both the dismissed cops hail from Tral in south Kashmir’s Pulwama district.

Besides, Shabeer Ahmad Wani, a teacher in J&K’s education department from Damhal Hanjipora in south Kashmir’s Kulgam district and Anayatullah Shah Pirzada, a lineman in Jal Shakti Department, who lives in Rafiabad of north Kashmir’s Baramulla district, have also been dismissed from service in similar orders by the administration.

“The activities of these employees had come to the adverse notice of law enforcement and intelligence agencies, as they found them involved in activities prejudicial to the interests of the State, such as involvement in terror-related activities,” an official spokesperson said on Saturday.

The spokesperson claimed that Dar was involved in “carrying illegal arms and ammunition from one place to another for their delivery to the terrorists” affiliated with Al-Badr, a proscribed militant group, and “providing camouflage uniform cloth and other material to them”.

“Bhat was involved in carrying illegal arms and ammunition from one place to another for delivery to the terrorists. He was linked to the ecosystem through a network of overground workers (OGW), operating at the behest of terrorists based in Pakistan,” the spokesperson said.

Wani, the government teacher, was an “active member” of the banned Jamaat-e-Islami who worked for “strengthening JeI and creating a network of people among JeI sympathisers”, the spokesperson said.

Also read: J&K Admin Sacks 3 Employees Under Controversial Law; Activists Dub Move as ‘Arbitrary’

“Various FIRs have been registered against him because of his direct involvement in inciting and leading an unlawful assembly of mob instigating rioting and violence in D.H. Pora, during the 2016 unrest,” the spokesperson added.

After the Bhartiya Janta Party-led Union government read down Article 370 and demoted the erstwhile state into a Union territory, Article 311 of the constitution has been used to terminate more than four dozen employees in Jammu and Kashmir.

Most of the terminated employees were working in education and police departments. However, employees from other departments have also been sacked by invoking Article 311.

The law, which has been criticised by free speech activists, relates to the dismissal or reduction in “rank of persons employed in civil capacities under the Union or a State.”

It was introduced to protect employees from unfair dismissals by their superiors but the rights activists argue that, given its overarching powers, it has been used by the state to crack down on free speech and dissent.

According to sub-clause (c) of Clause 2 of Article 311, the government can terminate an employee without inquiry if the President or the Governor is “satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry”.

Activists argue that the law violates the natural course of justice by depriving the employees of the opportunity to challenge or make a representation against their termination.

Teacher suspended

Meanwhile, Fiaz Ahmed, a government teacher, was suspended in Doda district for allegedly criticising the government. Ahmed had used social media to highlight the poor condition of road and “shabby” condition of of Government Middle School, Draman, following which a two-member committee was set up to investigate the issue.

As per civil service rules, the employees in Jammu and Kashmir are barred from criticising the government on social media. Officials said that Ahmad was given an opportunity to explain his position which was found “not satisfactory”.

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