SrinagarObserving that seniority was not the sole criterion for appointment of top police officer of the Jammu and Kashmir, the High Court on Wednesday dismissed a plea, challenging appointment of S P Vaid as Director General of Police.
The post of the Director General of Police is a selection post, the appointment to which is made amongst the officers holding the post of Director General of Police as is made abundantly clear by Note 2 attached to Sub-rule 2 to Rule 3. Even if, for the sake argument, it is assumed, but not conceded, that it is a promotional post, it has to be promotion by selection for which seniority is not the sole criterion, said a division bench of Justices Ali Muhammad Magrey and M K Hanjura while dismissing the petitioned filed by S K Mishra.
A senior police officer, presently posted as chairman cum managing director Jammu and Kashmir Police Housing Corporation, Mishra had approached the High Court, had challenged Central Administrative Tribunal (CAT) order, dismissing his application against Vaids appointment as the top police officer of the state.
The court also rejected Mishras contention that the agenda of the Cabinet to consider the selection and appointment to the post of Director General of Police (HoPF), J&K State, was not circulated to all the Ministers in advance and, therefore, selection of Vaid to the post of Director General of Police (HoPF), was illegal.
This argument has no merit or substance in it. It is totally misconceived, the court said, underlining that the object behind framing of the business rules is to carry out the business of the Government conveniently and these do not confer any right on any person to challenge their breach.
In September this year, the CAT had rejected Mishra plea against appoint of SP Vaid as the DGP after the ruling PDP-BJP government contented that seniority was not the sole criterion to appoint DGP.
While dismissing the plea, the CAT has however restrained S P Vaid from exercising any administrative control or power over S K Mishra in any manner being senior to him.
In his plea before CAT, S K Mishra had challenged rejection of his representation to the government against the appointment SP Vaid as states top police officer.
In the plea, Mishra had stated that he was the senior most Indian Police Service (IPS) Officer of J&K, belonging to 1985 batch, while as S.P. Vaid belongs to 1986 batch of IPS. Mishra claimed that he was illegally superseded by Vaid and that his appointed by government on 28 November 2016 was contrary to law and by-passing the seniority.
Opposing it, the ruling PDP-BJP government through Chief secretary and Home Secretary had refuted the claim, contending that the selection of DGP was a decision taken by the State Cabinet, after considering the entire service record, merits, eligibility, suitability and qualifications of the candidates falling in zone of consideration including Mishra and as such, decision was based on subjective satisfaction of the State Government. It said in its wisdom, after taking relevant factors into consideration, found SP Vaid as most eligible and suitable for the post of the DGP.
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