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Induction of state police officer in IPS HC upholds writ court judgment 10/29/2015 1:34:13 AM Early Times Report Jammu, Oct 28: A high court division bench of Justice Ali Mohammad Magrey and Justice B S Wali has upheld the writ court judgment whereby it had directed state to reckon the seniority of Ashiq Hussain Bhukhari’s as SP from the date he joined as incharge, SP (operations) in terms of June 24, 1998 PHQ order No 2002 and after computing his seniority as such, recommend him for consideration, place his case before the competent authority for induction in IPS against the quota available in appropriate year. Against the judgment of writ Court present appeal was filed in which appellant submitted that writ court does not confer any right on the Ashiq Hussain Bhukhari because the same is not a promotion but a transfer order issued by the DGP who is not empowered to effect promotion of DSPs as SPs. It is submitted that writ court has erred in law by allowing the writ petition of the Ashiq Hussain Bhukhari, therefore, same is required to be interfered with and set aside. He further submits that Ashiq Hussain Bhukhari knocked the doors of the court only when the appellants were inducted into IPS cadre. The bench, after hearing the two sides, observed that submission made by the Bukhari’s counsel as regards the implementation of the judgment carries weight. More so, for the reason that the state has not even chosen to appeal the impugned judgment but have remained contended with directions passed. The bench observed that even otherwise the writ court has very rightly observed that nobody has questioned the placement of Bhukhari as incharge (operations) being exclusively meant for SP, therefore, to stop the petitioner from seeking benefit of such placement at this stage with reference to Regulation 5(2) of the Regulations of 1955, is unjustified. Having regard to what is stated hereinbefore, the bench does not see any merit in the appeal that warrants interference with the impugned judgment which is upheld. The appeal, in the circumstances, is held to be feeble, therefore, dismissed along with all MPs. Interim directions, if any, shall stand vacated.   Share This News with Your Friends on Social Network     Comment on this Story

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