Government of Jammu & Kashmir General Administration Department
SUMMARY
November 23, 2023

This is an order to that subjects government employees, effectively the non-farming economic foundation of IAJK and effectively the entirety of professional and middle class opportunities in IAJK, to demotion, sanction and termination for "unconstitutional" acts including "secession," "facilitating foreign interference," "incitement to violence." Violations include "association" or "sympathy" with persons who attempt to commit such acts, being related to someone or living with someone who have any such involvement or sympathy, failure to report relatives or associates, "reports indicating" that foreign nationals "are acting ot increase the vulerability of hte individual to possible future" pressure or "failure to report" contacts with foreign citizens or finanial interests which "make an individual potentially vulnerable" to pressure.

Topics: Change in laws in force, violation of international humanitarian law, violation of social rights, violation of right to work, violation of economic rights, violation of freedom of belief, violation of freedom of association, denial of due process, failure of the rule of law, imposing sanctions for defending human rights

ARTICLE PREVIEW

Every Government 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.
Further, a Government employee is bound by the l&K
Government Employees Conduct Rules, L97L all the time during his
service. These rules contain various provisions covering a wide range
of activities governing conduct of employees in public and private.
Accordingly, in continuation to Jammu and Kashmir Civil
Services (Character & Antecedents) Instructions, L997, notified vide
Government Order No. 1918-GAD of 1997 dated 09.12.L997, as
amended from time to time, the following instructions shall be kept in
mind in furtherance of above during periodic verification of character
and antecedents of Government employees:-
i. Involvement in any act of sabotage, espionage, treason,
terrorism, subversion, sedition/ secession, facilitating
foreign interference, incitement to violence or any other
unconstitutional act ii. 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. iii. Involvement of an individual's immediate family, persons
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,
mentioned at item numbers 'i' &'ii' above, having potential
of subjecting the individual to duress, thereby posing a
grave security risk; iv. Failure to report relatives, persons sharing residential
space or associates who are connected with any foreign
Government, associations, foreign nationals known to be
directly or indirectly hostile to India's national and security
interests; v. Failure to report unauthorized association with a suspected
or known collaborator or employee of a foreign intelligence
service; vi. Repofts indicating that representatives or nationals from a
foreign country are acting to increase the vulnerability of
the individual to possible future exploitation, coercion or
vii. Falure to 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.
On the basis of discrete verifications on above parameters,
a list of adversely reported employees received by the Government
from time to time shall be taken into cognizance by the concerned
Administrative Departments which shall then immediately report it to
the General Administration Department. In the event, such
employee(s) are due for promotion (FunctionafNon-functional), their
cases shall be put on hold immediately. Further, such cases shall be
submitted to the UT Level Screening Committee constituted for the
purpose vide Jammu and Kashmir Civil Services (Verification of
Character & Antecedents) Instructions, L997, notified vide Government
Order No.191B-GAD of 1997 dated 09.12.L997 as amended from time
to time, for its 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 decision of the UT Level Screening
Committee can be reviewed by the Review Committee, on reference to
it by the UT Level Screening Committee or on the representation of
any aggrieved employee(s),
By order of the Government of Jammu and Kashmir.

Link to Original Article

September 2021

Originally published

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