Invoking special provisions

01/08/2020

Article 311 of the Constitution of India confers powers on the Government for dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State or Union Territory. Moreover, Section 2(C) of the Article 311 states: "The clause regarding holding of inquiry before dismissal, removal or reduction in the rank of public servants shall not apply where the President of 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". Now, the Government of Union Territory of Jammu and Kashmir has decided to invoke the provision of Article 311(2)(c) of the Constitution of India and all the cases pending as on date will be decided as per this special provision. The Government of Union Territory of Jammu and Kashmir in a major development has decided to invoke special provision of the Constitution of India, which confers powers for dismissal, removal and reduction in the rank of public servants without holding any inquiry but on the basis of relevant records and other collateral evidence.
For scrutinizing and recommending the cases under Article 311(2(c) of the Constitution of India, the Government has constituted a committee headed by the Chief Secretary and comprised of Administrative Secretary, Home Department, Director General of Police, Administrative Secretary, General Admini-stration Department, Additional Director General of Police CID and Administrative Secretary, Department of law, Justice and Parliamentary Affairs. The recommendations in respect of such cases shall be supported by relevant records which may include a copy of the interrogation report and other collateral evidence to justify dispensing with the holding of an inquiry in the interest of security and the Home Department shall place each case along with the recommendations of Additional Director General, CID J&K before the CS-headed Committee. All pending cases will be decided under the new procedure and all the departments have been asked to seek the advice of the Home Department before deciding the period of suspension of Government employees whose dismissal orders are either quashed by the courts or who resume duty after detention and the Home Department will also offer advice to all the departments in this regard. The Section 3 of Article 311 of the Constitution of India read: "If, in respect of any person, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in Clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final".

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