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2025 Supreme(Online)(CAT) 6116
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. D. S. Mahra, J, Mr. Prasant Kumar, A
Dr. Altaf Hussain Pandith – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
T.A. No. 43 OF 2024 (SWP No. 1787/2022)
For the Appellants/Petitioners: Mr. M Ashraf Wani
For the Respondents: Mr. Waseem Gul, GA
The University of Kashmir is a 'State' under Article 12, and the Lieutenant Governor has authority to dismiss a civil servant under Article 311(2)(c) without inquiry if justified by state security concerns.
Headnote:(A) Constitution of India - Articles 239, 309, 310, and 311 - Dismissal of service under Article 311(2)(c) - The applicant challenged his dismissal from service as a Professor at the University of Kashmir, asserting lack of authority by the Lieutenant Governor and insufficient material for dismissal. The Tribunal held that the University is a 'State' under Article 12, the applicant holds a civil post, and the Lieutenant Governor is empowered to dismiss under Article 311(2)(c). The dismissal was justified based on evidence of anti-national activities and was deemed necessary for state security. (Paras 72-78)
(B) Administrative Law - Dismissal without Inquiry - The Tribunal affirmed that the Lieutenant Governor's dismissal under Article 311(2)(c) was valid as it was in the interest of state security, supported by a high-level committee's findings. The court emphasized that the satisfaction of the authority regarding the expediency of bypassing an inquiry is subjective and not subject to judicial review unless shown to be mala fide or based on irrelevant grounds. (Paras 60-70)
| Table of Content |
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| 1. court's analysis and reasoning. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77) |
| 2. conclusion drawn by the court. (Para 78) |
| 3. final order and dismissal of the case. (Para 79 , 80) |
Judgment delivered by
HON’BLE MR. D. S. MAHRA MEMBER (J)
(I) FACTS OF THE CASE:
01. The instant T.A. No. 43/2024 was originally titled as SWP No. 1787/2022 before the Hon’ble High Court of Jammu & Kashmir. The same was transferred to the Central Administrative Tribunal, Srinagar pursuant to the Hon’ble High Court’s order dated 08.08.2024.
02. The applicant in this T.A. is aggrieved by his dismissal from service by the Lieutenant Governor of Jammu & Kashmir, invoking Clause (c) of the Second Proviso to Article 311(2) of the Constitution of India. Accordingly, the applicant prays for the following reliefs:
a) Writ of Certiorari, thereby quashing the impugned order bearing no. 550-JK (GAD) of 2022 dated 13.05.2022, dismissing the petitioner from services as Professor, Department of Chemistry, University of Kashmir;
b) Writ of Mandamus, thereby commanding the respondents to allow the petitioner to perform his duties as Professor, in the Department of Chemistry, University of Kashmir and pay him salary and other emoluments continuously;
c) Writ of Mandamus, thereby commanding the respondents to pay damages to the petitioner for his wrongful dismissal as he has suffered loss/damages in his reputation both in the university as well as in the society; and
d) Any other writ, order or direction which this Hon’ble Court may deem just and proper under the facts and circumstances of the case be passed in favour of the petitioners and against the respondents.
03.The applicant was appointed as Assistant Professor (Reader) in the year 2012 by the University of Kashmir. Subsequently, the applicant was promoted to the position of Associate Professor and then as Professor. The applicant was an active member of the Kashmir University Teachers Association (KUTA) and was its Executive Member from 2010 to 2012. The applicant was elected as Vice President of KUTA from 2017 to 2020.
04. It is alleged that the applicant was involved in anti- national activities and was a member of the Jamaat-e- Islami (JeI) & Lashkar-e-Taiba (LeT). A high level committee was constituted by the Lieutenant Governor of Jammu & Kashmir to scrutinize the material presented against the applicant. After scruitinising the material, the high level committee concluded and recommended that there was sufficient evidence/material against the applicant to take action under Article 311(2)(c) of the Constitution of India. Consequently, the Lieutenant Governor issued the impugned dismissal order on 13-05-2022, dismissing the applicant from service. The applicant challenged this dismissal order by filing SWP No. 1787 of 2022 before the Honourable High Court of Jammu & Kashmir, which was subsequently transferred to this Tribunal and renumbered as TA No. 43 of 2024.
(II) SUBMISSIONS OF THE PARTIES:
Submissions by the Learned Counsel for the applicant:
05. Learned Counsel for the applicant, Mr. M. Ashraf Wani, submitted as under:
(i) That the University of Kashmir has been established under the Jammu and Kashmir University Act, 1969, and is a statutory body. He further contended that the Kashmir University is not a "State" under Article 12 of the Constitution as such respondents have no authority to take action against the applicant.
(ii) That the applicant does not hold a "civil post" under the Union Territory of Jammu and Kashmir. Being an employee of an autonomous institution i.e. Kashmir University, Article 311 of the Constitution is not applicable to him. He further contended that there exists no master-servant re
