SRINAGAR: A Division Bench of the Jammu and Kashmir and Ladakh High Court, consisting of Justice Rajnesh Oswal and Justice Moksha Khajuria Kazmi, has upheld the dismissal of Manzoor Ahmed Bhat, formerly an Assistant Accounts Officer in the Sericulture Department.
The decision came after Bhat was found to be involved in anti-national activities, including inciting disturbances and violence, as per reports from the Additional Director General of Police, CID, J&K, Srinagar.
Bhat’s actions, which included participating in stone-pelting incidents against police and CRPF personnel, resulted in injuries and were deemed contrary to the conduct expected of a government employee.
He was booked under various sections of the RPC for his involvement in these activities. Despite Bhat’s subsequent acquittal in the FIR, the court maintained that this would not alter the grounds for his dismissal.
The court referenced a similar case involving Ved Mitter Gill vs. UT, Chandigarh, where the competent authority invoked Article 311(2) of the Constitution of India against the delinquent government employee.
It was argued that Bhat’s unblemished service record should have been considered, but the court held that his conduct outweighed his performance in official duties.
The Division Bench concluded that Bhat’s actions were unbecoming of a government employee, emphasizing that his involvement in activities threatening public order and peace was unacceptable.
Despite arguments regarding his service record, the court upheld the decision to dismiss Bhat, stating that his conduct superseded his professional performance.
Consequently, the appeal filed by Bhat was dismissed, with the court finding no grounds for interference.
