Jammu and Kashmir: Involvement Of Family Members In Anti-National Activity Can Be Reason For Termination

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J&K: The new fiat says that an employee can face termination for involvement of his family members/ relatives in anti-national activities. Photo credit: the logicalindian.com

Ishfaq-ul-Hassan

SRINAGAR—An order issued by Jammu and Kashmir government on Thursday that is highly vague in nature, has become a cause of concern for J&K employees.

The order that pertains to periodic police verification of employees, is intended to purge the anti-national sentiments in the administration.

The range and nature of the order are such that every employee has to work as an intelligence and information gatherer with regard to his own immediate and distant family members.

A circular issued by the General Administration Department (GAD), has said every employee is mandatorily required to maintain absolute integrity, honesty, and allegiance to the Union of India and its Constitution and do nothing which is unbecoming of a Government servant.

The GAD said during periodic verification of character and antecedents of government employees, the officials should report the involvement of an employee in any act of sabotage, espionage, treason, terrorism, subversion, sedition/secession, facilitating foreign interference, incitement to violence or any other unconstitutional act.

What has raised eyebrows is the clause about the involvement of an individual’s immediate family, and persons sharing residential space with the employee.

The order says that the employees have to report to the government about “involvement of an individual’s immediate family, the person sharing residential space with the employee to whom he or she may be bound by affection, influence, or obligation or involved in any of the acts, directly or indirectly.”  According to the circular, an employee can be terminated for the involvement of any of his family members, near or distant relatives or even an acquaintance in anti-national activities. But the question is how does an employee know about the intention of any of his close or distant family members to commit an anti-national activity? Do the relatives inform their family members when they commit any crime?  And why should one be punished for an act not committed by oneself?

The authorities have been asked to report the association or sympathy of any employee with persons who are attempting to commit any of the above acts or involved in aiding or abetting or advocating the above acts.

The order said a government employee is bound by the J&K Government Employees Conduct Rules, 1997 all the time during his service. These rules contain various provisions covering a wide range of activities governing the conduct of employees in public and private.

Accordingly, in continuation to Jammu and Kashmir Civil Services (Character & Antecedents) Instructions, 1997, the following instructions shall be kept in mind in furtherance of above during periodic verification of character and antecedents of Government employees.

“Involvement in any act of sabotage, espionage, treason, terrorism, subversion, sedition/secession, facilitating foreign interference, incitement to violence or any other unconstitutional act, association or sympathy with persons who are attempting to commit any of the above acts or involved in aiding or abetting or advocating the above acts,” reads the order issued by Manoj Kumar Dwivedi, Commissioner/ Secretary to the Government.

The order also referred to reports that representatives or nationals from a foreign country are acting to increase the vulnerability of the individual to possible future exploitation, coercion, or report contacts with citizens of other countries or financial interests in other countries which make an individual potentially vulnerable to coercion, exploitation, or pressure by a foreign Government,” the circular said.

The GAD said on the basis of discrete verifications on the above parameters, a list of adversely reported employees received by the government from time to time shall be taken into cognizance by the administrative departments concerned which shall then immediately report to the General Administration Department.

“In the event, such employee(s) are due for promotion, their cases shall be put on hold immediately. Further, such cases shall be submitted to the UT Level Screening Committee constituted for the purpose, of a decision. On confirmation of the adverse report by the UT Level Screening Committee, further action shall be taken against the adversely reported employee(s), which may include termination from Government services,” the order said.

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