Excelsior Correspondent
SRINAGAR, Mar 14: The High Court today reserved verdict on the fate of Director General of Police S P Vaid, whose appointment has been challenged by former Director General of Prisons.
The Division Bench of Justice Ali Mohammad Magrey and Justice M K Hanjura after hearing all the parties into the matter reserved the judgment and directed the Government to produce the records pertaining to the post in question within 10 days.
Petitioner S K Misra, who was previously holding the post of Director General Prisons J&K and had challenged the eligibility of S P Vaid as Director General of Police, was also present in the Court at the time of hearing.
His Counsel today argued that the case of Misra has not been considered while making selection and appointment to the post of DGP. He further added that the appointment of present DGP has been made in glare violations of the stand taken by the then Chief Secretary of the State before Supreme Court in Prakash Singh’s case.
His further contention before the Court was that Vaid was not holding the post of ADG and was not figuring in the panel of Central Government when he was considered as DGP of the State, which as per the counsel’s stand was a pre-requisite for filing the post in question.
Misra who has approached the Court, is aggrieved of the order of Government whereby Vaid was appointed as DGP of State. He challenged the same before Central Administrative Tribunal (CAT) on the ground that the order of appointment of Vaid as DGP is in violation of Business Rules as also against the Supreme Court judgment.
He, through his counsel further submitted that the appointment has been issued without considering the other eligible candidates and also by selecting a person who was ineligible for being selected as DGP.
Misra further submitted that Vaid was only empanelled as Inspector General of Police by the Ministry of Home Affairs and on the said date was junior to him (petitioner).
Petitioner further added before the Court that Principal Secretary to Home department while considering the representation of the petitioner in terms of CAT in violation of business rules and inconsistent reasoning rejected the claim of the petitioner vide order dated 23.2.17 which compelled him to challenge the same again before CAT.
CAT on April 2017 considered the case again and directed the DGP to restrain from exercising administrative control or power over Misra in any manner.
However, petitioner submitted that on September 2017, CAT in terms of judgment dismissed the plea of petitioner without considering the entire material on record in its true and correct perspective and without appreciating the relevant law, rules and the ruling of Supreme Court in Prakash Singh Vs Union of India.
Petitioner along with other reliefs prays that the decision of CAT passed on September 21 be quashed and subsequently the Government be directed to promote him on the post in question.
Petitioner alleged that since the authorities more particularly Chief Secretary and Principal Home Secretary have committed willful breach of law laid down by Apex Court in Prakash Singh’s case as such contempt proceedings be initiated against them so as to punish them under law.
It has also been submitted before DB that CAT not only erred in holding that the case of the petitioner along with present DGP was considered by the Cabinet but has also fallen in grave error in holding that the directions passed by Apex Court were of directory in nature and not mandatory.
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