Can a public servant, while in Government service and getting salary etc from the public exchequer and as such supposed to be not only law abiding, loyal, honest, faithful and patriotic but to go the extra mile and behave ethically, afford legally and ethically to be “terrorist friendly”? A public servant, when faced with a trying or a challenging situation, has instead to come up to the expectations of the employer, which in the context here is the Government. One not only, while in active service but even after attaining superannuation, is expected to conduct oneself befitting a graceful, law abiding and a loyal citizen. What if being in public service and enjoying everything one is entitled to, decides to owe allegiance to terrorists who are wedded to waging a war against the state and indulging in violence and sabotage? Can such employees, if any, who are otherwise on the radar of the concerned security and intelligence agencies and sufficient proof being there about their open or indirect support to such anti national elements, be allowed to continue in service and not out-rightly be dismissed even without holding an enquiry? Cannot each and every aspect and area be touched firmly from where terrorists enjoyed support and sympathy, implied and explicit, to get rid of the menace? It may be recalled, in this connection, a committee which was constituted by the UT Government last year to invoke the relevant provisions of the Constitution of India which confer powers on the requisite authority for dismissing, removing and reducing the rank of a public servant found ‘terrorist friendly’ without holding an enquiry but based on relevant records and collateral evidence, depicted the administrative will to dispense with the lengthy procedure of holding enquiries and other protracted procedures which in cases other than the one under reference, of service misconduct, minor or gross, are applicable. The members on this committee being top Government functionaries right from the UT Chief Secretary who heads it, Administrative Secretary (Home and General Administration) to top Police Authorities and the like, not only made this committee high powered but expectations that there would be no scope whatsoever of any over ambitiousness or bypassing of mandatory requirements of collecting cogent proof of involvement of an employee backed by proper records and evidence, would be fully met. The Government was not supposed to do that much only but proceed further to have the results percolated on the ground for which it has now decided to constitute a Special Task Force (STF). We feel it is high time this STF should earnestly start the process of identifying the cases followed by due scrutiny so as to lend credence to what we call a time bound action. The action to be taken against such employees in accordance with the constitutional provisions, say Article 311 (2)c in respect of the new cases, could be done by the newly constituted SIT but in respect of the pending cases , the clarification that even those would be dealt with under the new procedure and all the concerned departments being asked to seek the advice from the Home Department before deciding about the period of suspension whose dismissal orders were set aside by courts or who rejoined duties after detention, must all be disposed of in a time bound manner. It has got to be impressed upon the concerned apparatus to deal with such cases and complete all requirements with all the speed and the precision so as to put before the committee headed by the Chief Secretary to enable the competent authority to issue the orders of dismissal at an early date. There has to be a firm message that terror and terror related or supported any activity leading to emboldening and strengthening terrorism and thus posing threat to peace and tranquillity as also endangering security of the people, has not to be tolerated at any cost, in the interests of the UT and the people.
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