Government invokes Article 311(2)(b), saying departmental inquiry was not reasonably practicable and continued employment would erode public trust.
Srinagar, Sept 21: The Jammu and Kashmir government has dismissed Teacher Grade-II Khalid Hussain from service in connection with a case registered under the Protection of Children from Sexual Offences (POCSO) Act and various provisions of the Bharatiya Nyaya Sanhita (BNS).
The School Education Department issued Government Order No. 388-JK(Edu) of 2026 on September 21, imposing the major penalty of dismissal from service and disqualifying Hussain from future employment in government service in the Union Territory of Jammu and Kashmir.
Hussain was posted at Government Middle School, Bumalpora, Gurinala, Zone Inderwal, in Kishtwar district.
The order refers to FIR No. 34/2026 registered at Police Station Chatroo under Sections 61(2), 65(1), 90, 91 and 92 of the BNS, 2023, besides Sections 4, 6, 8, 10 and 17 of the POCSO Act, 2012.
The government said it had considered the facts and circumstances of the case and the material available on record before determining that the conduct attributed to Hussain warranted imposition of a major penalty.
Hussain’s case had been placed before the competent authority while he was under suspension. The government said it decided to invoke the provisions of Article 311(2)(b) of the Constitution of India, read with Rule 30(viii) of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
According to the order, the government considered that it was not reasonably practicable to hold a departmental inquiry in the case and that Hussain’s continued employment would be detrimental to the interests of the government and erode public trust in government institutions.
The order therefore imposes dismissal from service, which ordinarily carries disqualification from future government employment, and specifically bars Hussain from any future employment in the government service of the UT of J&K.
