In a significant development that reaffirms the authority of the government to act in matters concerning national security, the Division bench of Central Administrative Tribunal (CAT), Srinagar, has upheld the dismissal of Dr. Altaf Hussain Pandith, a Professor in the Department of Chemistry at the University of Kashmir. The dismissal, ordered by the Lieutenant Governor of Jammu & Kashmir under Article 311(2)(c) of the Constitution of India, was challenged by the applicant but has now been held to be legally sustainable and constitutionally valid.
The matter, initially filed before the Hon’ble High Court of Jammu & Kashmir and Ladakh, was later transferred to the Central Administrative Tribunal Srinagar Bench. Dr. Pandith, aggrieved by the dismissal order dated May 13, 2022, sought relief on several grounds, including the contention that he was not holding a civil post under the Union Territory government, and that the University of Kashmir, being a statutory autonomous body under the Jammu and Kashmir University Act, 1969, did not qualify as a “State” under Article 12 of the Constitution. He further questioned the competence of the Lieutenant Governor to invoke Article 311(2)(c), and asserted that the action against him lacked substantive material and procedural justification.
Representing the Government of Jammu and Kashmir, Government Advocate Mr. Waseem Gul argued that the University of Kashmir, while established as a statutory body, is functionally, financially, and administratively under the control of the government, and therefore qualifies as a “State” under Article 12. It was also submitted that the applicant’s post as Professor constituted a civil post, thus making Article 311 applicable. Mr. Gul further submitted that the Lieutenant Governor, acting under Article 239(1) of the Constitution and in accordance with the Jammu and Kashmir Reorganisation Act, 2019, is vested with the authority to exercise powers akin to a Governor, and had lawfully invoked Article 311(2)(c) in the interest of the security of the state. He emphasized that the action was taken based on the recommendation of a high-level committee that had thoroughly scrutinized material indicating the applicant’s alleged affiliations with banned organizations including Jamaat-e-Islami and Lashkar-e-Taiba.
After considering the detailed arguments from both parties, the Division of Tribunal—comprising Hon’ble Mr. D.S. Mahra (Judicial Member) and Hon’ble Mr. Prasant Kumar (Administrative Member)—dismissed the applicant’s plea. The judgment held that the University of Kashmir is indeed a “State” within the meaning of Article 12, and that the applicant, holding a civil post, falls within the purview of Article 311. It further affirmed that the Lieutenant Governor is the competent authority to act under Article 311(2)(c), and that the dismissal was legally sustainable as it was preceded by a proper recommendation from a high-level committee and was backed by sufficient material.
With this decision, the Tribunal has reinforced the government’s power to take decisive action in matters where national security is implicated, even within the framework of autonomous academic institutions. The judgment is likely to set a precedent for future cases where constitutional provisions relating to civil services and internal security intersect.
