HC sets aside dismissal of bank officer by MD over alleged anti-national activities

01/09/2026

SRINAGAR, Aug 31: The High Court of Jammu and Kashmir and Ladakh has set aside an order of a bank CEO dismissing a senior officer on national security grounds.
The court said the dismissal of an employee from service without holding an inquiry is a drastic step, which has to be taken only in rare and appropriate cases.
It held that the powers of the MD and CEO of the bank are not on a par with those of the President of India or a Governor under Article 311(2)(c) of the Constitution, where they can do away with the inquiry if they are satisfied that it is in the interest of the security of the state.
Justice Sanjay Dhar, in his order on Saturday, set aside the order of Jammu and Kashmir Bank MD and CEO, dismissing Deputy General Manager Saadut Pampori for his alleged involvement in anti-national activities.
"There is a clear distinction between the power exercisable by the President or the Governor under Article 311(2)(c) of the Constitution and the power exercisable by the Managing Director and CEO of the respondent Bank under Clause 12.29 of the Officers' Service Manual," Justice Dhar observed in his 21-page judgement.
He said there is no requirement of conducting any investigation against the employee sought to be terminated, nor there is any requirement that he should be found involved in anti-national activities on the basis of such investigation in case of powers exercised by the President or Governor under Article 311(2)(c). It is also not necessary that there should be advice from any authority to the Governor or the President, for removal/dismissal of the employee.
"Therefore, the contention of the respondents that the powers of the Managing Director and CEO of the respondent-Bank under Clause 12.29 of the OSM are in pari-materia with the powers of the President or the Governor under Article 311(2) clause (c) of the second proviso of the Constitution is wholly misconceived," the court said.
It said the Bank can proceed ahead with the departmental inquiry against the petitioner, as the suspension order dated 14.04.2024 "would stand revived once the impugned order is set aside".
Pampori was dismissed from service in July 2024 following a confidential report forwarded by the Director General of Police (CID), which was based upon the information received from sensitive and credible sources as also from the discreet enquiries.
The report has also included material in the shape of posts made by various individuals on the hashtag campaign "#TortureKashmir," allegedly operated by Pampori.
The court said the dismissal of an employee from service without holding an inquiry is a drastic step, which has to be taken only in rare and appropriate cases.
"In the present case, 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.
"It is, thus, clear that the respondents have passed the impugned order without satisfying themselves about fulfilment of the requirements contemplated under Clause 12.29 of the OSM," Justice Dhar ruled.
While setting aside the dismissal order, the court, however, also said that the respondent bank authorities have the option of following the procedure prescribed under Clause 12.29 of the OSM and thereafter pass a fresh order against the petitioner.
"In the alternative, it shall also be open to the respondent-Bank to proceed ahead with the departmental inquiry against the petitioner, which it was contemplating to hold pursuant to issuance of suspension order dated 14.04.2024, which incidentally has not been challenged by the petitioner and, as such, would stand revived once the impugned order is set aside," it added.

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