The row over the termination of three government employees is generating a sense of job insecurity amongst the employees as is obvious from the recent statements of employee unions against the termination of three employees. An appeal from the employee unions to the Jammu & Kashmir Government to put on hold the order of terminations till an investigation by it’s own investigative agencies shows that sense of alienation and job insecurity is brewing up among the government employees after constitution of a panel by government for scrutiny of it’s employees. The move comes shortly after the government some time back asked employee union to give some details about their antecedents which were never asked from them during last seventy years. So the decisions coming against the employees in a series of orders are now being received with reservations, fears and concerns.Though employee unions don’t challenge the right of the government to terminate services of the government employees against whom charges are proved either by the investigative agency or a trial courts but they just remind the government about the constitutional right of employees to defend themselves before the investigative agencies and the courts of law. Interestingly employees including those facing trial before the criminal courts have the right to challenge the orders of termination under article 226 of Indian constitution in the high court and under 32 of Indian constitution before the supreme court of the country. Since employees have constitutional mandates to challenge termination s unless convicted by criminal court or any other court of law, it would have been better for the government to initiate legal proceedings against the employees instead of terminating their services without following the proper legal procedure.
What matters the most is the fact that policy of terminations without following the given legal procedure would deepen the crisis of alienation, To reduce the concerns of alienation holding a meeting with employee unions for addressing the concerns and apprehensions of the employees would be a right course for the government as it would set a good precedence for a better future of the work culture in government departments . After all the corner stone of good governance is a good coordination and cooperation between the employer and the employees.
As it has been experienced that popular governments of erstwhile Jammu & Kashmir state had also terminated the services of some government employees but termination orders were quashed and services of the employees were restored later by the J&K High Court in the recent year. Even erstwhile Mehbooba Mufti led PDP-BJP government of the erstwhile Jammu & Kashmir state had ordered dismissal of some officers and officials but government’s dismissal orders were quashed by the Jammu & Kashmir high court later. Three employees dismissed from services on charges of challenging the “security of the state” and “national interests” too have the right to challenge the termination orders of the government before both J&K High Court and as well as Supreme Court of the country and apparently it seems they would also take the legal course to exercise their constitutional right and a decision against their dismissals would by all standards of understandabilities be an embarrassment for the government. Restoration of sacked employees without following the given legal courses would by all means set a wrong precedence. Above all the psychological impact on both the employees and as well as their children would also go against the spirits of nationalism and patriotism. What matters the most is the fact that policy of terminations without following the given legal procedure would deepen the crisis of alienation, To reduce the concerns of alienation holding a meeting with employee unions for addressing the concerns and apprehensions of the employees would be a right course for the government as it would set a good precedence for a better future of the work culture in government departments . After all the corner stone of good governance is a good coordination and cooperation between the employer and the employees.
