Teacher disqualified from future government employment; department cites impracticability of regular enquiry
Srinagar, September 21: The Jammu & Kashmir government has dismissed a government school teacher from service with immediate effect in connection with a case registered under the Bharatiya Nyaya Sanhita (BNS), 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The government has also disqualified the teacher from future government employment under Article 311(2)(b) of the Constitution of India.
According to Government Order No. 388-JK (Edu) of 2026, issued by the School Education Department on September 21, the action has been taken against Khalid H. Teacher Grade-II at Government Middle School Bumalpora, Gurinalla, Zone Inderwal, Kishtwar district.
The order, issued by Commissioner/Secretary, School Education Department, Ram Niwas Sharma, stated that the government had considered the facts and circumstances of the case, including the registration of FIR No. 34/2026 at Police Station Chatroo.
The FIR invokes Sections 61(2), 65(1), 90, 91 and 92 of the BNS, 2023, along with Sections 4, 6, 8, 10 and 17 of the POCSO Act, 2012.
Dismissal under Article 311
The government order stated that the case of Khalid H, who was already under suspension, was placed before the competent authority for consideration of the major penalty.
Following the consideration, the competent authority decided to dismiss him from service under sub-clause (b) of the proviso to Article 311(2) of the Constitution, read with Rule 30(viii) of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
The order further stated that holding a departmental enquiry was not reasonably practicable in the circumstances of the case. The government classified the matter as falling under the category of “rarest of the rare cases” and observed that the teacher’s continued employment would be detrimental to the interests of the government and erode public trust in government institutions.
Department reiterates child protection commitment
In a separate press release, the School Education Department stated that the teacher, who was in judicial custody in connection with the BNS and POCSO case, had been dismissed after the department determined that conducting a regular departmental enquiry was not reasonably practicable.
The department reiterated the Jammu & Kashmir government’s commitment to ensuring the safety and protection of children in schools and enforcing strict accountability among school staff.
The criminal investigation and trial in the matter are being pursued by the concerned law enforcement authorities in accordance with the law. The dismissal is an administrative action and does not, by itself, determine the outcome of the ongoing criminal proceedings.
