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