Timely identify deadwood employees for removal from service: Govt to all deptts

More officials likely to face dismissal under Article 311

Admn Secys asked to scrutinize records as per JK CSRs

JAMMU, Jan 1: Government of Union Territory of Jammu and Kashmir has directed all the departments to timely identify the non-performing and deadwood employees so that their cases are processed expeditiously for removal from service as per the provisions of the Jammu and Kashmir Civil Services Regulations (JK CSRs). Moreover, several more employees are likely to face dismissal under Article 311 of the Constitution of India for their involvement in anti-national activities.
Official sources told EXCELSIOR that Government of Union Territory of Jammu and Kashmir has already decided to closely scrutinize the cases of the employees strictly as per the provisions of the Jammu and Kashmir Civil Services Regulations particularly Article 226 (2), which empowers the Government to retire an employee after he or she completes 22 years of qualifying service or on attaining 48 years of age after analyzing the performance vis-à-vis certain benchmarks.
“Since this is the tool to cleanse the administration of the deadwood and non-performing employees, the Government wants all the Administration Secretaries to see the performance of the employees through the prism of this most important provision of the Jammu and Kashmir Civil Services Regulations”, sources said while disclosing that recently detailed deliberations were held in this regard in a high-level meeting chaired by Chief Secretary Dr Arun Kumar Mehta at Jammu.
Accordingly, the Chief Secretary directed all the Administrative Secretaries to ensure that all cases falling under the ambit of Article 226 of the Jammu and Kashmir Civil Services Regulations are identified and timely processed to remove the non-performing/deadwood employees, sources said while disclosing that ever since the Lieutenant Governor’s administration has started strictly implementing the provisions of Article 226 the performance of the employees has witnessed improvement up to certain extent.
The employees who indulge in illegal activities, remain unauthorizedly absent from duties for a considerable period of time, under-perform and are penalized in departmental enquiries and found involved in corruption and criminal cases and have doubtful integrity are generally considered for compulsory retirement under Article 226 (2) but either after being given three months notice in advance or three months pay and allowance in lieu of such notice. Such a Government servant gets pensionary benefits admissible under these Rules on the basis of qualifying service put in on the date of such retirement.
Meanwhile, the Chief Secretary has also instructed that the pending cases under Article 311 of the Constitution of India should be addressed, sources said while disclosing that a list of employees who will be dismissed from the service under this Article of the Constitution is being finalized and likely to be issued shortly.

Article 311 of the Constitution of India provides for dismissal of a person employed in civil capacities under Union or a State and mostly those employees whose activities are prejudicial to the interests of the security of the State are dealt with under this Article.
However, Article 311(2) confers powers upon the Government to dismiss or remove a person or to reduce him in rank without giving opportunity of hearing if it is not reasonably practicable to hold such inquiry. “In J&K, it is not possible to hold inquiry against the employees involved in the anti-national activities as such Article 311(2) is being used”, sources said.
In the month of October 2022, the Government of Union Territory of Jammu and Kashmir had ordered dismissal of five employees for their involvement in anti-national activities. The dismissal is generally recommended by an Empowered Committee on the basis of reports of the intelligence agencies.

(Reports | Daily Excelsior)

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