IIOJK HC ruling seen as another tool to target Kashmiri employees
Srinagar: In a move likely to deepen fears among government employees in Indian illegally occupied Jammu and Kashmir, the High Court has upheld the power of authorities to dismiss employees without a departmental inquiry on the grounds of “security of the State,” a provision critics say has long been used to target Kashmiris on the basis of mere suspicion rather than proven misconduct.
According to Kashmir Media Service, a Division Bench of the High Court ruled that the [Indian] President or Governor can dismiss a government employee without holding an inquiry if, acting on the advice of the government.
The ruling came while restoring the dismissal of a police constable and reaffirming that authorities are not required to disclose the material on which such decisions are based. The court observed that the satisfaction of the [Indian] President or Governor is final and that the reasons need not be revealed to the employee concerned.
Political observers, civil rights activists and employee representatives said the judgment could provide fresh justification for the continuation of arbitrary dismissals in the occupied territory, where dozens of employees have already been terminated in recent years without being given an opportunity to defend themselves before an independent forum.
They said the broad interpretation of “security of the State” and the limited scope of judicial review effectively deprive employees of due process and natural justice. They warned that the ruling may further institutionalize a system in which allegations alone can become grounds for termination, with affected employees denied access to evidence against them.
The observers maintained that the judgment strengthens the powers of the BJP-led administration and the New Delhi-appointed authorities to remove employees on political and security pretexts, reinforcing concerns about shrinking democratic space and the erosion of legal safeguards in IIOJK.
They said the ruling will create an atmosphere of fear among government workers, who increasingly face the risk of losing their livelihoods without transparent proceedings, independent scrutiny or a fair chance to contest accusations.
