Srinagar, Nov 3: The High Court today issued notice to Union and State Governments on appointment of Dr SP Vaid as Director General of Police after Director General Prisons, SK Misra challenged his eligibility for the post.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey issued notice to Ministry of Home Affairs, Chief Secretary, Principal Secretary Home Department and DGP for filing of objections to the pleas of Misra.
Misra challenged order of appointment of Vaid as DGP 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.
Misra through his counsel Shuja-ul-Haq further submitted that the appointment has been made without considering the other eligible candidates and also by selecting a person who was ineligible for being selected as DGP.
Misra further submitted that the present incumbent was only empanelled as Inspector General of Police by the Ministry of Home Affairs on the said date and 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 the petitioner-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 Sing Vs UoI.
Petitioner along with other reliefs prayed that the decision of CAT passed on September 21 be quashed and subsequently the Government be directed to promote him on the post of DGP.
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.