Govt cites ‘rarest of rare’ category, invokes Article 311(2)(b) of Constitution
Srinagar, Sep 21: The Jammu and Kashmir government has dismissed a government school teacher facing charges under the POCSO Act from service with immediate effect and disqualified him from future employment, invoking Article 311(2)(b) of the Constitution, which permits dismissal without a regular departmental inquiry.
Khalid Hussain, a Teacher Grade II at Government Middle School, Bumalpora, Gurinala, in Kishtwar district, was already under suspension and in judicial custody in connection with a criminal case registered under the Bharatiya Nyaya Sanhita (BNS), 2023, and the Protection of Children from Sexual Offences (POCSO) Act, 2012.
According to Government Order No. 388-JK(Edu) of 2026, issued by Commissioner/Secretary Ram Niwas Sharma, the government was satisfied that Hussain’s activities warranted a major penalty. The competent authority decided to impose the penalty of dismissal after considering all facts and circumstances of the case.
The order stated that it was “not reasonably practicable to hold an enquiry” in the case, which it classified as falling under the “rarest of rare cases,” and that Hussain’s continued employment would be “detrimental to the interests of the Government and erode public trust in Government institutions.”
The FIR, No. 34/2026, was registered at Police Station Chatroo under 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.
The dismissal was imposed under sub-clause (b) of the proviso to clause (2) of Article 311 of the Constitution of India, read with Rule 30(viii) of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956.
In the order, the government said it “reiterates its commitment to the safety and protection of children in schools and to ensuring 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 law,” the order reads.
Citing the confidentiality mandated under Section 23 of the POCSO Act, 2012, officials said no further details identifying the victim, the school, or the location would be disclosed.
