The High Court of Jammu and Kashmir overturned the decision to dismiss an employee of J&K Bank, who was fired without an investigation due to an alleged social media campaign using the hashtag #TortureKashmir. The court ruled that the managing director of the financial institution 'cannot be entrusted with the authority to dismiss an employee without conducting an inquiry.'
Judge Sanjay Dhar stated in his verdict, delivered last Saturday, that while the President and the Governor are high-ranking constitutional officials and may relieve employees from duty without an investigation in certain cases, such a level of trust cannot be placed in an official at the level of a managing director and bank CEO.
The petitioner, Saadut Hussain Pampori, started working at J&K Bank as a software engineer in June 1995 and reached the position of Deputy General Manager by 2022. He also served as an employee in a special service under the minister from 2016 to 2018 in the BJP-PDP government led by Mehbooba Mufti.
In April 2024, the then managing director of the bank suspended him pending an investigation into violations, after which he was dismissed on July 15 of the same year according to Clause 12.29 of the officer's staff guidelines.
The dismissal followed a report by the DGP (CID) based on 'credible sources, as well as covert requests.' In this report, Pampori was accused of spreading disinformation about alleged state-sponsored atrocities against the residents of Kashmir.
The court found that information obtained from sources or through covert requests by the DGP does not meet the definition of an 'investigation' under Clause 12.29, as this process does not involve collecting evidence or recording witness testimonies.
Judge Dhar distinguished between Clause 12.29 and Article 311(2)(c), which allows the government to terminate employment with an employee without following standard procedure if it is convinced that retaining the employee harms national security. Meanwhile, the administration of Jammu and Kashmir has already dismissed about 100 civil servants based on this provision.
The court noted that Clause 12.29 sets specific prerequisites, including an investigation by a state, territorial, or central agency, before an employee can be dismissed. By overturning the order against Pampori as 'legally unsustainable,' the court reinstated him to the position he held before his dismissal, but allowed the bank to continue its proceedings against him.