Have no money to approach court of law: Idrees Jan
Abrar A. Mattoo
SRINAGAR, May 3: The administration of the Union Territory of J&K has terminated three government employees for their involvement in activities that were allegedly “prejudicial to the security of the State”.
Earlier today when the dismissal order of a middle school teacher came to the fore, a state of panic gripped the employees that whether the order would set a new precedent in the newly created union territory. Journalists, employees, and various other people came out in support of the dismissed teacher.
“Dismissal of Idrees Ahmad remains ambiguous until the facts are made public and/or subjected to the judicial system for legal proceedings. Sudden and random dismissal causes mental anguish to the employee and society in general. The decision needs a rethink,” wrote Qayoom Wani, former head of Employees Joint Action Committee and former president of Jammu and Kashmir Teacher’s Forum.
Article 311 of the Indian Constitution requires the government bodies to subject the dismissal of a government employee from the service to a fair enquiry, where the dismissed is given a fair chance to prove his case. However, sub-clause C of section (2) of the same article allows the governor and the president to dismiss a government serviceman in the case where they are satisfied that the actions of certain employees warrant dismissal. In the case of the three dismissed employees, the same clause was invoked.
However, this is the first time that the government has invoked the article. In the erstwhile state of Jammu and Kashmir, similar actions were initiated against the employees under section 126 of Jammu and Kashmir’s Constitution.
“We have no money to fight the order in the court of Law,” said shocked Idrees Jan, the dismissed middle school teacher from Kralpora, Kupwara, while talking to Kashmir Despatch.
Idrees Jan’s Version:
“In my place, another person would have committed suicide. What they have done to me is an infinite oppression, given that I am a nation builder. You would be surprised to know that scores of my students have qualified NEET, KAS, KPS, and other distinguishable exams. My contributions to society are immense, and this is how I am repaid. I have no case or FIR against me. In 2016, I was booked under PSA (public safety act) but the high court quashed my detention order in less than four months—there was no evidence against me. After my acquittal, I was reinstated again at my teacher’s post, and since then I have been doing my job with all the possible honesty. I have no idea about what possible thing I have done which is prejudiced against the security of the nation. I was shocked out of my wits when a magistrate came and handed me my dismissal letter. In my place, another person would have committed suicide, I have three children and a wife to support. Besides EID is coming ahead. My children won’t be having any toys or clothes this Eid. I don’t have even any money to challenge this order in the court, yet nevertheless, I shall fight— its my fundamental right.”
