‘Dismissed without formal inquiry’: JK HC reinstates bank officer sacked over ‘anti-national activities’

Srinagar: The Jammu and Kashmir High Court has overturned the dismissal of a senior Jammu and Kashmir Bank officer who was removed from service over allegations of involvement in anti-national activities.

He had also previously served as an Officer on Special Duty to then Jammu and Kashmir Chief Minister Mehbooba Mufti.

The court directed the reinstatement of Saadut Hussain Pampori, Deputy General Manager of Jammu and Kashmir Bank, after finding that he had been dismissed without a formal inquiry or an opportunity to respond to the allegations against him.

Since the abrogation of Article 370, dozens of government employees in Jammu and Kashmir have been dismissed as part of a broader crackdown on individuals allegedly linked to separatist ideology or anti-national and terrorist activities.

The Lieutenant Governor’s administration has relied on special provisions allowing employees to be removed without a departmental inquiry in cases involving national security.

Justice Sanjay Dhar, however, held that such extraordinary powers could not be exercised by the bank’s Managing Director and CEO in the same manner as they may be exercised by high constitutional authorities such as the President or the Governor. According to the court, constitutional authorities are entrusted with such exceptional powers, but the same degree of trust cannot automatically be extended to a bank’s management.

The court observed that there was no investigation establishing Pampori’s involvement in anti-national activities. It therefore held that the bank’s Managing Director and CEO could not rely on the allegations alone to dismiss him from service.

Pampori had been accused of running the #TortureKashmir social media campaign, which authorities alleged was intended to spread false narratives concerning India’s sovereignty, unity and territorial integrity and contributed to unrest in Kashmir during 2008, 2010 and 2016, as reported by NDTV.

Following his dismissal, Pampori challenged the decision before the High Court. He argued that the special provision used to remove him could be invoked only after an investigation established his involvement in the alleged activities. He also pointed out that no FIR had been registered against him and that no formal investigation or departmental inquiry had taken place.

The administration and the bank defended the dismissal, claiming that the police had conducted a discreet investigation and prepared a report containing material allegedly connecting Pampori to anti-national activities, including the #TortureKashmir campaign.

They argued that a formal FIR was not essential for taking action against him.

The authorities also contended that Clause 12.29 of the bank’s service regulations was comparable to Article 311(2)(c) of the Constitution, a provision that has been used by the Jammu and Kashmir administration to dismiss government employees without conducting departmental inquiries in cases involving national security.

After examining the confidential report, the High Court found that it was largely based on information received from sources, discreet inquiries and social media posts.

However, the report did not establish that witnesses had been examined or that evidence had been collected through an investigation as required under the relevant clause.

The bank maintained that it had acted on the advice of the competent authority and that registration of an FIR was not a prerequisite for dismissing the officer.

The High Court, however, found the material insufficient to justify his dismissal without an inquiry and ordered his reinstatement.