To tighten noose around government employees and officials involved in alleged anti-national activities in Jammu and Kashmir, the government on Thursday constituted a six-member committee for scrutinizing and recommending cases under Article 311 (2)(c) of the Constitution of India.
“Sanction is hereby accorded to the constitution of a Committee for scrutinizing and recommending cases under Article 311(2)(c) of the Constitution of India,” read an order issued by the General Administration Department late Thursday.
The panel includes chief secretary, administrative secretary, home department, director general of police, administrative secretary, general administration department, additional director general of police, CID and administrative secretary, department of law, justice & PA.
The procedure shall be followed for invoking the provision of Article 311 (2)(c) of the Constitution of India viz “The cases shall be referred by the Administrative Departments or Police Organization 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,” it stated.“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 of the State,” it added.
“The Home Department shall place each case along with the recommendations of ADG, CID, J&K before the Committee and recommendations of the Committee shall be processed by the Administrative Secretary, Home Department for orders of the Competent Authority in terms of Article 311(2)(c) of the Constitution of India,” it further stated.
Orders of dismissal shall be issued by the general administration department after the approval of the competent authority, the order added.
It is further ordered that all pending cases be decided in the manner/procedure laid down above and all departments shall seek the advice of the home department before deciding the period of suspension of government employee whose dismissal orders are either quashed by the courts or who resume duty after detention besides the home department shall offer advice to the departments.It may be stated here that several government employees have been found involved in the violent protests in Kashmir in the past.
However, such employees were never booked by police because the governments of the day used to pardon them with mere warnings
The order issued late Thursday is being seen as an attempt to cleanse the system of such employees and officials against whom substantial evidence was found.