CAT Upholds Dismissal of Kashmir University Professor on National Security Grounds
Srinagar, May 9: Central Administrative Tribunal (CAT) Srinagar Bench has upheld the dismissal of Dr. Altaf Hussain Pandith, a senior professor from the Department of Chemistry at the University of Kashmir.
The Professor was dismissed on May 13, 2022 under Article 311(2)(c) of the Constitution of India on the orders of the Lieutenant Governor Manoj Sinha for alleged terror links
A division bench of the CAT comprised of Justice D.S. Mahra and Administrative Member Justice Prasant Kumar, rejected Pandith’s plea challenging his removal from service.
The tribunal ruled that the University of Kashmir qualifies as a “State” under Article 12 of the Constitution and that the post of a university professor constitutes a civil post under the Government of Jammu and Kashmir, thereby making Article 311 applicable.
Dr. Pandith through his counsel Advocate M Ashraf Wani had contended that the university, being a statutory autonomous body, does not fall under the ambit of “State” and that his position did not qualify as a civil post.
He had further argued that the Lieutenant Governor lacked the constitutional authority to invoke Article 311(2)(c), and that the action was devoid of substantial material.
However, representing the government, Advocate Waseem Gul submitted that the University of Kashmir is under the financial, functional, and administrative control of the UT government, and thus falls within the definition of a “State.”
The tribunal upheld this argument, pointing to the deep administrative and financial linkages between the university and the government—highlighting provisions of the Jammu and Kashmir University Act, 1969, which mandate government oversight over appointments, funding, audits, and decision-making.
The tribunal also affirmed the competence of the Lieutenant Governor to exercise powers under Article 311(2)(c) as an administrator appointed under Article 239(1) of the Constitution, especially after the Jammu and Kashmir Reorganisation Act, 2019 vested such powers in the Lieutenant Governor on behalf of the President.
The CAT further stated that the dismissal order was preceded by a recommendation of a high-level committee which, after scrutinising evidence of Dr. Pandith’s alleged links with banned outfits such as Jamaat-e-Islami and Lashkar-e-Taiba, advised action in the interest of national security.
In accordance with settled legal principles laid down in landmark Supreme Court cases such as Tulsiram Patel and A.K. Kaul, the tribunal ruled that when national security is at stake, due inquiry may be dispensed with if the competent authority is satisfied that it is not expedient to hold one.
While the tribunal acknowledged that judicial review remains available in such cases, it held that the material placed on record did not suggest mala fide intentions or arbitrary use of power. Consequently, the dismissal was declared legally valid and constitutionally sustainable.