J&K HC has set aside the dismissal of a bank executive sacked without an inquiry into an alleged #TortureKashmir hashtag campaign on social media SRINAGAR: Jammu & Kashmir high court has set aside the dismissal of a J&K Bank executive sacked without an inquiry into an alleged #TortureKashmir hashtag campaign on social media, ruling that a financial institution’s managing director “cannot be trusted with the drastic power to dismiss an employee without investigation”.“The President and governor are high constitutional functionaries and, therefore, they can dispense with the services of an employee without holding an inquiry in appropriate cases. But the same level of trust cannot be reposed in an officer of the level of managing director and CEO of a bank,” the single-judge bench of Justice Sanjay Dhar said in its verdict last Saturday.The petitioner, Saadut Hussain Pampori, joined J&K Bank as a computer engineer in June 1995 and rose to deputy general manager by 2022, serving as an officer on special duty to the chief minister from 2016 to 2018 under the BJP-PDP govt led by Mehbooba Mufti.The bank’s then MD suspended him on April 15, 2024, pending investigation into misconduct before ordering his dismissal on July 15 that year under Clause 12.29 of the officers’ service manual.The dismissal followed a report by DGP (CID) based on “credible sources, as also from discreet enquiries”. The report accused Pampori of spreading misinformation about alleged state-backed atrocities on Kashmiris.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesThe court held that information gathered from sources or through discreet enquiries by DGP does not qualify as an “investigation” under Clause 12.29, since the process involves no collection of evidence or recording of witness statements.Justice Dhar drew a line between Clause 12.29 and Article 311(2)(c), under which govt may terminate an employee without the normal procedure if satisfied that retention is prejudicial to state security.J&K administration has dismissed nearly 100 govt employees under that provision.Clause 12.29, the court said, lays down specific preconditions, including an investigation by a state, Union territory or central agency, before an employee can be sacked.Quashing the order against Pampori as “not sustainable in law”, the court restored him to the post he held before his dismissal, albeit allowing the bank to proceed against him afresh.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosNepal Flood Crisis: 8,900 Army Personnel Deployed As Search For Missing People ContinuesDelhi Draft Voter Roll Out: 47.7 Lakh Electors Excluded, Claims Allowed Till September 30Akhilesh Yadav’s Big Attack On UP Govt; Divya Mittal Resignation & Meerut Custody RowIndus Waters Row: India Rejects Hague Court’s Jurisdiction, Says Treaty Suspension Will Continue’Dumped 40 KM Away In Delhi’: Teen Allegedly Gang-Raped In Empty Sleeper Bus, Two Accused ArrestedLVM3 Tech Transfer: Adani, Mahindra Among Firms Eyeing ISRO’s ‘Bahubali’ RocketPM Modi Meets Pezeshkian In Bishkek, Reiterates ‘Friendship With Iran’ Amid West Asia Conflict‘Babur’s Country Honoured Modi’: Owaisi Takes Dig At BJP, RSS As PM Gets Uzbekistan’s Top Award’One May Call Bharat Superpower But…’: RSS Chief Bhagwat’s ‘Vishwaguru’ Msg In Canada‘Islam Is Greater Than Other Dharams’: Karnataka Minister Sparks Row, BJP Calls Cong ‘Anti-Hindu’123PhotostoriesFrom quitting his well-paying engineering job in Dubai to Sonalika Joshi recommending him for Taarak Mehta Ka Ooltah Chashmah; When Mandar Chandwadkar recalled his journeyBigg Boss Telugu through the years: A look back at all seasonsVaibhav Suryavanshi breaks all-time Duleep Trophy record as a teenager: Times the young cricketer has made historyThe glass-skin obsession: Can Indian skin really achieve that mirror-like glow?Personality test optical illusion: Only sharp-eyed people can find all the hidden deer in this image within 11 secondsTamannaah Bhatia just made Rs 2.43 lakh look like a personality trait in this Aisha Rao ivory ensembleNew OTT releases this week (August 31-September 6): ‘Gandhari’, ‘Dhamaal 4’, ‘The Gentlemen’ Season 2, ‘Untold Raygun: Breaking Badly’ and moreTravelling by train in India? 10 things you should never do on a journeySamantha Ruth Prabhu joins the polka-dot club, and maternity fashion just got a lot more funBigg Boss Malayalam: A look back at seven unforgettable seasons123Hot PicksNepal floodMumbai port fireGandak riverMumbai milk priceDelhi rapeWeather tomorrowTN milk price hikeGATE 2027 registrationIndia GDP growthTop TrendingCanyon Flash FloodStuart BroadBabaz AzamNovak DjokovicUS Iran WarTravis Kelce BusinessKai CenatCoco GauffsNaomi OsakaLebron James
SRINAGAR: Jammu & Kashmir high court has set aside the dismissal of a J&K Bank executive sacked without an inquiry into an alleged #TortureKashmir hashtag campaign on social media, ruling that a financial institution’s managing director “cannot be trusted with the drastic power to dismiss an employee without investigation”.“The President and governor are high constitutional functionaries and, therefore, they can dispense with the services of an employee without holding an inquiry in appropriate cases. But the same level of trust cannot be reposed in an officer of the level of managing director and CEO of a bank,” the single-judge bench of Justice Sanjay Dhar said in its verdict last Saturday.The petitioner, Saadut Hussain Pampori, joined J&K Bank as a computer engineer in June 1995 and rose to deputy general manager by 2022, serving as an officer on special duty to the chief minister from 2016 to 2018 under the BJP-PDP govt led by Mehbooba Mufti.The bank’s then MD suspended him on April 15, 2024, pending investigation into misconduct before ordering his dismissal on July 15 that year under Clause 12.29 of the officers’ service manual.The dismissal followed a report by DGP (CID) based on “credible sources, as also from discreet enquiries”. The report accused Pampori of spreading misinformation about alleged state-backed atrocities on Kashmiris.
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The court held that information gathered from sources or through discreet enquiries by DGP does not qualify as an “investigation” under Clause 12.29, since the process involves no collection of evidence or recording of witness statements.Justice Dhar drew a line between Clause 12.29 and Article 311(2)(c), under which govt may terminate an employee without the normal procedure if satisfied that retention is prejudicial to state security.J&K administration has dismissed nearly 100 govt employees under that provision.Clause 12.29, the court said, lays down specific preconditions, including an investigation by a state, Union territory or central agency, before an employee can be sacked.Quashing the order against Pampori as “not sustainable in law”, the court restored him to the post he held before his dismissal, albeit allowing the bank to proceed against him afresh.
