Jammu and Kashmir High court reinstates banker fired over ‘anti-national’ activity

India's Jammu and Kashmir High Court has overturned the dismissal of a senior bank official accused of anti-national activities, including participation in the #TortureKashmir social media campaign, stating that the same level of trust cannot be placed in a bank's managing director and CEO as can be placed in the President or Governor.

Justice Sanjay Dhar emphasized that dismissing an employee without an inquiry is a drastic step that should only be taken in rare and appropriate cases. The court held that the bank's Managing Director and CEO lacked the same level of trust as high constitutional functionaries such as the President or Governor. The bank dismissed the official without conducting a departmental inquiry, citing a clause in the Officers Service Manual, but the court found that this clause could not be used without first conducting an investigation by an appropriate agency and receiving a recommendation from a competent authority.

The official challenged the dismissal, arguing that there was no evidence of his involvement in anti-national activities, as no investigation had been conducted. The court agreed, ruling that the bank's decision to dismiss the official without an inquiry was invalid.