The High Court of Jammu and Kashmir and Ladakh has overturned an order by Jammu and Kashmir Bank terminating the services of its Deputy General Manager, Saadut Pampori, over alleged anti-national activities, ruling that bank management cannot dispense with an inquiry without fulfilling regulatory prerequisites.
In a 21-page judgment delivered on Saturday, Justice Sanjay Dhar stated that dismissing an employee without holding an inquiry is an extreme measure reserved strictly for rare and appropriate circumstances. The court rejected the financial institution’s assertion that its top executive holds powers equivalent to constitutional heads of state when terminating staff on national security grounds.
Bank Leadership Powers Distinct From Constitutional Provisions
The bench addressed the bank’s reliance on Clause 12.29 of its Officers’ Service Manual, dismissing the argument that the Managing Director and Chief Executive Officer possessed dismissal powers identical to those granted to the President of India or state Governors under Article 311(2)(c) of the Constitution.
Justice Dhar observed that constitutional authorities exercising powers under Article 311(2)(c) are not required to conduct an investigation, establish definitive findings of anti-national conduct through such an inquiry, or act upon outside advice before dismissing an employee. In contrast, the court ruled that the bank’s internal regulations require a substantiated investigation and clear findings regarding an employee’s involvement in anti-national activities before summary termination can occur. The bench found that the bank leadership issued the dismissal order without meeting these regulatory standards.
Origins Of The Dismissal Order
The bank dismissed Pampori from his post in July 2024 after receiving a confidential submission from the Director General of Police (CID). That dossier was compiled using sensitive intelligence, discreet inquiries, and social media material, including posts associated with an online campaign under the hashtag “#TortureKashmir,” which Pampori was accused of managing.
The court noted that because the management failed to conduct the required investigation establishing the officer’s involvement in anti-national conduct, the Managing Director and Chief Executive Officer lacked the authority to issue the summary dismissal.
Reinstatement Of Suspension And Future Proceedings
While quashing the termination, the High Court clarified that the ruling does not fully exonerate the officer from administrative scrutiny. The judgment effectively revives an earlier suspension order issued against Pampori on April 14, 2024, which had remained unchallenged.
The court held that Jammu and Kashmir Bank retains two potential paths forward: management may follow the complete procedure stipulated under Clause 12.29 of the Officers’ Service Manual before issuing any fresh order, or it may proceed with a formal departmental inquiry under the revived April 2024 suspension.
