CAT upholds dismissal of Kashmir University professor under article 311(2)(c)

Srinagar, May 09: The Central Administrative Tribunal (CAT), Srinagar Bench, has upheld the dismissal of Dr. Altaf Hussain Pandith, Professor in the Department of Chemistry at the University of Kashmir. The dismissal was ordered by the Lieutenant Governor of Jammu and Kashmir on May 13, 2022, invoking Article 311(2)(c) of the Constitution of India — a provision allowing termination of service without an inquiry in the interest of the security of the state.

Initially challenged in the High Court of Jammu & Kashmir and Ladakh, the case according to Srinagar based news gathering agency Kashmir Dot Com was subsequently transferred to the CAT. Dr. Pandith contested the dismissal on multiple grounds, arguing that he did not hold a civil post under the UT government and that the University of Kashmir, being a statutory autonomous body under the J&K University Act, 1969, did not qualify as “State” under Article 12 of the Constitution. He also questioned the competence of the Lieutenant Governor to invoke Article 311(2)(c) and alleged the absence of substantive material justifying the action.

Government counsel Waseem Gul countered that the University of Kashmir, while autonomous, functions under the financial, administrative, and functional control of the government, and thus qualifies as “State” under Article 12. He asserted that the post of Professor is a civil post and that the Lieutenant Governor, empowered by Article 239(1) and the J&K Reorganisation Act, 2019, acted within his authority in invoking Article 311(2)(c), based on the recommendation of a high-level committee. The committee had reportedly examined credible material suggesting Dr. Pandith’s alleged links with banned outfits such as Jamaat-e-Islami and Lashkar-e-Taiba.

The Division Bench comprising D.S. Mahra (Judicial Member) and Prasant Kumar (Administrative Member) upheld the government’s position. The Tribunal ruled that the University qualifies as “State,” the Professor holds a civil post, and the Lieutenant Governor is competent to invoke Article 311(2)(c). The dismissal, the Bench observed, was legally sustainable and backed by sufficient material and due process. (KDC)