Consider out of turn promotion to SP: HC

Excelsior Correspondent
JAMMU, July 21: High Court today directed the Home Department to consider the out of turn promotion of Mukesh Kakkar, presently SP and pass orders within a period of two months.
The direction was passed in a petition filed by Mukesh Kakkar seeking quashment of Government Order No. Home- 1344(P) of 2010 dated 28.10.2010 having endorsement No. Home/PB-1/WP/18/2010 dated 28.10.2010 whereby the case of petitioner for out-of-turn promotion was rejected.
Further, the petitioner prayed that the respondents be commanded to grant him the benefit of out-of-turn promotion with all consequential benefits as have been given to similarly situated persons including his juniors.
After hearing Senior Advocate Sunil Sethi with Advocate Veenu Gupta appearing for the petitioner whereas AAG Wasim Sadiq Nargal appearing for the Home Department, Justice Tashi Rabstan observed, “in view of what has been discussed and after considering the material produced before the court in the shape of writ record, the record produced by the respondents as also the photocopies of the documents/certificates produced by the counsel for petitioner regarding consistently exceptional performance of petitioner on anti-militancy front, the writ petition is allowed”.
Accordingly, High Court quashed the Government Order No. Home- 1344(P) of 2010 dated 28.10.2010 having endorsement No. Home/PB-1/WP/18/2010 dated 28.10.2010, issued by the State.
“The respondents are directed to reconsider the petitioner for out-of-turn promotion/confirmation to the rank of DySP from a retrospective date—-with effect from 13.10.1998 with all consequential benefits and reckon his seniority accordingly”, Justice Rabstan said, adding “while reconsidering the case of petitioner, the respondents would also take into account Government Order No. Home-(P) of 1999 dated 08.07.1999, whereby Abdul Rashid Baba and N P Singh have been granted second out-of-turn promotion”.
“Let the relevant orders with regard to the promotion/confirmation of petitioner from a retrospective date be passed within a period of two months from today”, High Court said, adding “in view of outstanding/meritorious performance of petitioner on anti-terrorist front and awarding of Commendation Certificates/Letters of Appreciation by the higher authorities, Bravery Medal/Award by the then President of India as also in view of Supplementary Affidavit filed by the then DGP and Government Order No.Home-3(P) of 2000 dated 06.01.2000, 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”.
Justice Rabstan further observed, “it seems the policy governing out-of-turn promotion has not been implemented in right earnest and with honest approach rather the same is being used to promote the officials on the basis of liking and dis-liking and on consideration other than for which the policy has been formulated”, adding “it further 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”.

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