Jammu HC reinstates bank official sacked without inquiry over hashtag campaign

Srinagar: The Jammu & Kashmir High Court has overturned the dismissal of a J&K Bank official who was sacked without an inquiry over a controversial #TortureKashmir social media campaign. The court ruled that the managing director of a financial institution cannot be trusted with the power to dismiss an employee without investigation.

Justice Sanjay Dhar, writing for a single-judge bench, stated that while the President and Governor can remove officials without inquiry in appropriate cases, this level of trust cannot be placed in a managing director or chief executive officer of a bank.

The petitioner, Saadut Hussain Pampori, who joined J&K Bank in 1995 and rose to deputy general manager by 2022, was suspended on April 15, 2024, pending investigation into alleged misconduct. He was then dismissed on July 15 of the same year under Clause 12.29 of the officers' service manual. The dismissal was based on a report by the Director General of Police (CID) based on credible sources and discreet inquiries.

However, the court held that such information does not constitute an "investigation" under Clause 12.29, as it lacks evidence collection and witness statements.

Justice Dhar drew a distinction between Clause 12.29 and Article 311(2)(c), which allows the government to terminate an employee without normal procedure if the retention is prejudicial to state security. The bank has dismissed nearly 100 government employees under this provision. The court quashed the order against Pampori, deeming it "not sustainable in law" and restoring him to his previous position, while allowing the bank to proceed against him afresh.