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| Prosecution Officers are part of Police Department: DB | | | Early Times Report
Jammu, Dec 31: In a much controversy over the the seniority and a question arising that whether the prosecuting officers are under police rules are not, Division Bench of state High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today decided the law point and holds that the Prosecution Officers are governed by the Police Act and Police Rules.
Division Bench also set-aside the order of Single Judge declaring Rule 111 as ultra-vires with the observations that there is no inconsistency between Rule 24 of the CCA Rules, 1956 and Police Rules 1960 as Rule 111(2) of the Police Rules operates only in certain contingencies.
Division Bench after hearing both the sides observed that the issues which arose for determination in these appeals are whether the Prosecuting Officers are Police Officers, i.e. whether they are the separate wing in the police force. Is there any conflict between Rule 24 of CCA Rules and Rule 111 of the Police Rules in fixing seniority and whether writ petitioners are justified in contending that their seniority shall not be determined by applying Rule 111(2) of the Police Rules and their seniority already determined as per Rule 24 of the CCA Rules be maintained. Whether non issuance of the notice before altering the seniority of the Prosecuting Officer of 1998, 2002 and 2004 batches of the Prosecuting Officers have vitiated seniority list impugned in the writ petitions. Whether the official respondents are entitled to alter the seniority of the writ petitioners which was finalized by the official respondents and acted upon by giving temporary promotions.
Division Bench observed that It is further to be noted that the Government of Jammu and Kashmir through SRO 132 of 2002 dated 03.04.2002 framed rules, namely, the Jammu and Kashmir Police (Gazetted) Service Recruitment Rules 2002 separately for gazette posts in the Police Department. In Schedule-II (C) the post of Senior Prosecuting Officer, Chief Prosecution Officer, Deputy Director of Prosecution, Joint Director of Prosecution and Director Prosecution are mentioned. Similarly in Schedule-II (a) the posts of Deputy Superintendent of Police, Deputy Superintendent of Police (Selection Grade), Superintendent of Police and Superintendent of Police (Selection Grade) are included. On perusal of the above Rules also it is evident that Prosecution Wing is treated as a separate wing of the Police force and not independent to that of Police Department. (JNF) |
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