J&K admin revokes suspension of lecturer, a petitioner against Article 370 abrogation
The Jammu and Kashmir administration has withdrawn a suspension order against a lecturer who was removed after he made a Supreme Court appearance in favour of Article 370, and directed him to “report to his original place of posting for further duties”.
The development came days after the top court raised questions over the action taken against Zahoor Ahmad Bhat, a lecturer of political science at Government Higher Secondary School Jawahar Nagar in Srinagar, on August 25 and asked attorney-general (A-G) R Venkataramani and solicitor-general Tushar Mehta to speak to the lieutenant governor (L-G) over the reasons behind the move.
In its order on Saturday, Alok Kumar, principal secretary to the government, said: “Having regard to the attending circumstances and after careful deliberation, the Governor Order No. 251-JK(Edu) of 2023 dated 25.08.2023 issued under endorsement No. Edu-Lect/96/2023(7272273) dated 25.08.2023 is withdrawn forthwith. By order of the Government of Jammu and Kashmir.”
On Sunday, the administration directed Bhat to return to his duties. “Consequent upon the withdrawal of order number 251-JK(Edu) dated 25-08-2023…, Sh.Zahoor Ahmed Bhat Sr. Lecturer, Pol. Science is hereby relieved from this office today on 03-09-2023 FN and is directed to report to his original place of posting for further duties,” an order, signed by personnel officer Vikas Dhar Bagati, said.
Bhat refused to comment on the revocation of his suspension. Earlier, he said he had no issues with the government and did not know the reason behind his suspension.
On August 23, the lecturer, who has a law degree, appeared as one of the petitioners in a case, raising a legal challenge to the validity of the 2019 nullification of the Constitution’s Article 370 that granted J&K a semi-autonomous status.
Two days later, on August 25, he was suspended by the J&K school education department for violation of provisions of J&K Civil Service Regulations, J&K Government Employees Conduct Rules, and J&K Leave Rules.
“Pending enquiry into his conduct, Zahoor Ahmad Bhat, senior lecturer, political science, presently posted at Government Higher Secondary School, Jawahar Nagar, Srinagar, is hereby placed under suspension with immediate effect for violation of provisions of J&K CSR, Jammu and Kashmir Government Employees (conduct) Rules,1971,” the order said.
Subsequently, Bhat was attached to the office of director of school education, Jammu. The L-G’s office also directed “an in-depth inquiry into the conduct of the delinquent officer”.
On August 28, a five-judge bench led by Chief Justice of India Dhananjaya Y Chandrachud urged the administration to review the suspension, saying the proximity between the action against Bhat and his appearance before the top court made the development “suspect”.
The observation came after senior advocate Kapil Sibal raised the issue before the bench, which also comprised justices Sanjay Kishan Kaul, Sanjiv Khanna, Bhushan R Gavai, and Surya Kant, saying it is “extremely unfair” to act against a person merely for appearing before the Supreme Court and presenting his point of view.
“Learned A-G, please, speak to the L-G and see why this has happened. If there is something else, it is a different matter but somebody who appears before this court and then this happens…Why has this happened in close succession to his appearing here,” the bench said.
Mehta said he has checked with the J&K officials and the reason to suspend Bhat appears to be something else and not because he argued in the court.
The bench, however, questioned the timing of the action. “Proximity of his appearance before this court in Article 370 matter and the suspension is something which is causing concern. If the reference to his appearance before the court is there in the order of his suspension, there is some problem…The timing appears a little suspect,” it told Mehta.