Directing the Jammu and Kashmir government to consider a senior police officer for out-of-turn promotion to the rank of Superintendent of Police, the state High Court on Thursday observed that it seems the policy framed for the purpose “has not been implemented in the right earnest and with honest approach’’.
“Rather the same is being used to promote officials on the basis of liking and disliking and on consideration other than for which the policy has been formulated,’’ observed Justice Tashi Rabstan while disposing off a writ petition filed by Mukesh Kakar, at present Superintendent of Police, seeking court’s direction to quash government order dated October 28, 2010 rejecting his case for out-of-turn promotion despite his consistently exceptional performance on anti-militancy front.
“It appears that the power in granting out-of-turn promotions has been exercised arbitrarily, irrationally, unfairly which has resulted in discrimination and hostile treatment to the petitioner as there has been violation of the prescribed norms and the criterion,’’ he added.
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Pointing out that “the rule has to be applied objectively and uniformly and not on the basis of liking or disliking of the authorities concerned,’’ Justice Rabstan directed the government to reconsider petitioner for out-of-turn promotion/confirmation to the rank of Deputy Superintendent of Police from a retrospective date with effect from October 13, 1998 with all consequential benefits and reckon his seniority accordingly.
While reconsidering the case of petitiomer, the respondents would also take into account the government order dated July 8, 1999 whereby Abdul Rashid Baba and N P Singh have been granted second out-of-turn promotion, Justice Rabstan ordered.
“In view of the outstanding/meritorious performance of the petitioner on anti-terrorist front and awarding of commendation certificates, letters of appreciations by higher authorities and bravery medal by the President of India, as also in view of supplementary affidavit filed by then Director General of Police in SWP No, 1018/2000 and government order dated January 6, 2000, the petitioner deserves to be granted second out-of-turn promotion/confirmation from the date he was posted as DySP on incharge basis by the then DGP. Otherwise too, a similar treatment cannot be denied to the petitioner in law nor can he be debarred from claiming parity with other similarly situated persons who have been granted out-of-turn promotions,’’ Justice Rabstan observed.
He gave state government two months time beginning Thursday to issue appropriate orders with regard to the promotion of petitioner with retrospective date,