J&K High Court Reinstates Bank Executive Dismissed Without Inquiry Over Social Media Campaign
The Jammu & Kashmir High Court has cancelled the dismissal of J&K Bank executive Saadut Hussain Pampori. He was removed from his job without a formal inquiry over his alleged involvement in a social media hashtag campaign related to Kashmir.
Court Questions Bank’s Power to Dismiss Without Inquiry
Justice Sanjay Dhar, who heard the case, said that the managing director and CEO of a bank cannot be given the same power as high constitutional authorities to dismiss an employee without an investigation.
The court said that the President and Governor may remove an employee without a regular inquiry in certain situations because of their constitutional positions. However, the same level of authority cannot be given to a bank’s managing director and CEO.
Career of Saadut Hussain Pampori
Pampori joined J&K Bank as a computer engineer in June 1995. By 2022, he had been promoted to the position of deputy general manager. He also served as an officer on special duty to the Chief Minister from 2016 to 2018 during the BJP-PDP government led by Mehbooba Mufti.
Why Was He Dismissed?
The bank suspended Pampori on April 15, 2024, while an alleged misconduct case was being considered. He was later dismissed from service on July 15, 2024, under Clause 12.29 of the bank’s officers’ service manual.
The dismissal was based on a report from the Director General of Police (CID). The report was based on information received from sources and discreet inquiries. It accused Pampori of spreading misinformation about alleged state-backed atrocities against people in Kashmir.
Court Says Proper Investigation Was Not Conducted
The High Court said that information collected from sources or through discreet inquiries cannot be treated as a proper “investigation” under Clause 12.29.
According to the court, a proper investigation would involve steps such as collecting evidence and recording statements of witnesses. Since these steps were not followed, the court found that the required procedure for dismissal had not been completed.
Difference Between Bank Rules and Government Rules
The court also explained the difference between Clause 12.29 of the bank’s service rules and Article 311(2)(c) of the Constitution.
Article 311(2)(c) allows the government to dismiss an employee without following the normal inquiry process when it is satisfied that retaining the employee could be harmful to national security. The J&K administration has used this provision to dismiss nearly 100 government employees.
However, the court said Clause 12.29 has specific conditions that must be followed. One of these conditions is that an investigation must be conducted by a state, Union Territory or central agency before an employee can be dismissed.
High Court Orders Reinstatement
The High Court found Pampori’s dismissal to be legally unsustainable and cancelled the dismissal order. The court ordered the bank to restore him to the position he held before his dismissal.
However, the court also allowed J&K Bank to take fresh action against him if it follows the proper procedure.
