J&K govt dismisses teacher from service under Article 311

Srinagar, Sep 21: The Jammu and Kashmir government has dismissed a government school teacher from service with immediate effect and disqualified him from future government employment under Article 311(2)(b) of the Constitution of India.
As per government order number 388-JK (Edu) of 2026 dated 21.09.2026 issued by the School Education Department, the action has been taken against Khalid Hussain, Teacher Grade-II, Government Middle School Bumalpora, Gurinalla, Zone Inderwal, District Kishtwar S/o Ghulam Mohd R/o Gurinalla, Chatroo, District Kishtwar.
According to the order issued by Commissioner/Secretary, Ram Niwas Sharma, the government is satisfied after considering the facts and circumstances of the case, including registration of “FIR No. 34/2026 at Police Station Chatroo under Sections 61(2), 65(1), 90, 91 and 92 of Bharatiya Nyaya Sanhita (BNS) 2023, and Sections 4, 6, 8, 10 & 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012” and on the basis of material on record, that the activities of the teacher warrant imposition of major penalty.
The order further stated that the case of Khalid Hussain, who was already under suspension, was placed before the competent authority, which after due consideration has decided to impose the major penalty of dismissal from service which ordinarily disqualifies from future employment under sub-clause (b) of proviso to clause (2) of Article 311 read with Rule 30(viii) of J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
The government observed that it is not reasonably practicable to hold an enquiry in the case, falling under the category of rarest of the rare cases and that his continued employment would be detrimental to the interests of the government and erode public trust in government institutions.
Meanwhile, in a press release, the School Education Department said the teacher, who was in judicial custody in connection with the BNS and POCSO case, has been dismissed following the department’s determination that holding a regular departmental enquiry was not reasonably practicable in the circumstances of the case.
The government of J&K reiterated its commitment to the safety and protection of children in schools and ensure strict accountability of school staff. The criminal investigation and trial in the matter are being pursued by the concerned law enforcement authorities in accordance with the set law.