New dismissal rules for IAS IPS posted in J&K – Burning Issues

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August 5, 2019

On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir.

Article 311(2)(c) of the Constitution states that no government official can be dismissed or removed from service or reduced in rank in the absence of an inquiry, except in circumstances “where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry”.
Government officials could be removed or dismissed from service earlier, but not without an inquiry.

The Article was not applicable to Jammu & Kashmir earlier, when it enjoyed the special status granted to it under Article 370 of the Constitution.

Any government official in Jammu & Kashmir (J&K), including senior IAS and IPS officers, can now be dismissed from service without an inquiry if found to be engaged in “anti-national” activity.
A thorough background check of government officials will be undertaken and action could be initiated if found to have been involved in “antinational activities” even in the past. *Antecedence Check

An IPS officer based in Jammu & Kashmir said “anti-national activities” could include actions perceived as “endorsing or promoting militancy”.
“The officials are being checked for spreading anti-India feelings either by their spoken word or through communications with anti-national elements. The police force is also being checked for rogue elements who might have been in connivance with militant groups at local level.”

Order from Last Week: “Sanction is hereby accorded to the constitution of a committee for scrutinising and recommending cases under Article 311(2)(c) of the Constitution of India”.
“The cases shall be referred by the administrative departments or police organisation to the home department,”.
“On receipt of such a report, the home department shall examine the case and upon satisfaction that the case meets the requirement of Article 311(2)(c), it shall place the case before the committee,”.
A committee has been formed under Chief Secretary B.V.R. Subrahmanyam to examine and recommend action, including dismissal from service, with regard to officers “working against the ‘integrity and security’” of India.
Composition of Committee: The committee also comprises the J&K home secretary, the director general of police, administrative secretaries of the general administration and law & justice departments, and additional director general of police (CID).

Punishment for the erring officials will be “differential”, and depend on the degree of their “offence”.
The action will range from suspension, fines, termination of services and even legal proceedings in extreme cases.