Court lifeline for bank employee sacked for ‘terror activities’ in J&K

The J&K High Court has overturned the termination of a bank officer, Saadut Hussain Pampori, for alleged involvement in "terrorist and anti-national" activities. The court ruled that the bank's decision to dismiss Pampori without conducting an inquiry was an extreme step that should only be taken in rare and appropriate cases. Pampori was dismissed in July 2024 by the Managing Director and CEO of the J&K Bank under Clause 12.29 of the bank's Officers Service Manual (OSM), following credible reports from intelligence agencies.

However, Pampori challenged his dismissal, arguing that the clause cannot be invoked if no investigation has been conducted or an FIR registered against the employee. The court disagreed, stating that while Article 311(2)(C) of the Constitution allows for a government employee to be dismissed without an inquiry if they pose a threat to state security, Clause 12.29 of the OSM requires certain preconditions to be met before an employee can be dismissed without an inquiry.

The court observed that the trust placed in the President and Governor with the power to dismiss without an inquiry cannot be placed in a Managing Director and CEO of a bank. The court also noted that the process of gathering information for dismissal under Clause 12.29 does not constitute an investigation, as it does not involve the collection of material evidence or recording of witness statements.