“Under J&K Reorganisation Act 2019, the powers to review termination of employees on grounds of anti-national activities are vested only with the Lt Governor and as such only the review of terminations on corruption charges can be taken up with the Chief Minister.”
Records themselves speak that terminations of Government Officials on corruption charges was started by Mehbooba Mufti led Government immediately after taking over the reigns of power in 2016 and similarly Lt Governor led Administration implemented the policy of terminations of Government officials on grounds of anti-national activities in the post August 2019 scenario after the downgrading of the erstwhile state to a Union Territory. Since the constitutional position of the Chief Minister has changed under J&K Reorganisation Act 2019, the powers to review termination of employees on grounds of anti-national activities are vested only with the Lt Governor and as such only the review of terminations on corruption charges can be taken up with the Chief Minister. So obviously political and administrative wisdom demands that PDP President Mehbooba Mufti in case of developing interest in the review of the terminations of Government employees on grounds of anti-national activities writes a letter to the Lt Governor but not the Chief Minister who has no authority to take a call on such a demand in the present set up. It is a obviously a political ploy that PDP President writes a letter to the Chief Minister for review of the terminations ordered on grounds of anti-national activities despite knowing that Chief Minister as per his present constitutional position has no powers to either order review of such terminations or constitute any committee for this purpose.
“Keeping in view the facts that administrative matters of greater sensitivities are presently overlooked by Central Government’s Home Ministry it would have been more appropriate for the PDP President to write a letter to the Union Home Minister for seeking review of both the kinds terminations,i.e., dismissals ordered on corruption charges by the erstwhile Jammu & Kashmir State Government and the terminations ordered by Lt Governor led Administration on grounds of anti-national activities. PDP President Mehbooba Mufti writing a letter to Chief Minister obviously for settling political scores over rivals on issues like terminations of Government officials shows that political leaders in Jammu & Kashmir are yet to draw a lesson from the six year long suspension of popular rule. This is the time for political leaders to cultivate the art of possibilities instead of tending to create controversies just for securing their own political survivals.”
Notably Chief Minister as per his constitutional position has the powers to review the terminations of employees ordered on corruption charge only but PDP President is unfortunately silent on the terminations ordered on corruption charges under her leadership as Chief Minister of erstwhile Jammu & Kashmir state. While J&K High Court has already rejected the dismissals of most of the terminations ordered by the J&K Government under the leadership of Mehbooba Mufti as Chief Minister of erstwhile Jammu & Kashmir state, the top court of Jammu & Kashmir is yet to pronounce its decisions on petitions filed by the aggrieved before it against the terminations ordered by the Lt Governor led administration on grounds of anti-national activities. Keeping in view the facts that administrative matters of greater sensitivities are presently overlooked by Central Government’s Home Ministry it would have been more appropriate for the PDP President to write a letter to the Union Home Minister for seeking review of both the kinds terminations,i.e., dismissals ordered on corruption charges by the erstwhile Jammu & Kashmir State Government and the terminations ordered by Lt Governor led Administration on grounds of anti-national activities. PDP President Mehbooba Mufti writing a letter to Chief Minister obviously for settling political scores over rivals on issues like terminations of Government officials shows that political leaders in Jammu & Kashmir are yet to draw a lesson from the six year long suspension of popular rule. This is the time for political leaders to cultivate the art of possibilities instead of tending to create controversies just for securing their own political survivals.
