A government official in Jammu and Kashmir can now be sacked without an inquiry if found guilty of engaging in “anti-national” activity.

One year after the abrogation of Article 370 and 35A, the Jammu and Kashmir administration has constituted a six-member committee, headed by J&K Chief Secretary BVR Subrahmanyam, to look into cases related to government officials allegedly indulging in anti-national activities.

The high-level committee has been empowered to scrutinise cases and recommend action against those officials involved in anti-national activities under Article 311(2)(c).

Experts say any government official, including IAS and IPS officers, if found guilty by the committee for “anti-national” activity can be dismissed from service without an inquiry.

The J&K government, in its order which was released last week, has explained the procedure for invoking Article 311(2)(c).

“The cases shall be referred by the administrative departments or police organisation to the Home Department. On receipt of such report, the Home Department shall examine the case and upon satisfaction that the case meets the requirements of Article 311(2)(c), it shall place the case before the committee. The recommendations in respect of such cases shall be supported by relevant records which may include a copy of the interrogation report and other collateral evidence to justify dispensing with the holding of an inquiry in the interest of security of the state," the order read.

“The Home department shall place each case along with the recommendations of ADG, CID, J&K before the committee. Recommendations of the committee shall be processed by the Administrative Secretary, Home department for orders of the competent authority in terms of Article 311(2)(c) of the Constitution of India. Orders of dismissal shall be issued by the General Administration department after the approval of the competent authority," the order added.

HIGH-LEVEL COMMITTEE

Apart from the J&K Chief Secretary, the others members of the high-level committee include administrative secretary of the Home department, J&K DGP, administrative secretary of the General Administration Department, Additional DGP, CID and administrative secretary of the Department Of Law, Justice.