Excelsior Correspondent
JAMMU, Aug 7: The High Court of Jammu & Kashmir and Ladakh has come down heavily on the Police Headquarters (PHQ) for arbitrarily rejecting the “out of turn” promotion case of Inspector Shakti Devi, despite her critical role in anti-militancy operations.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed the writ petition filed by the Union Territory of Jammu & Kashmir and the Director General of Police (DGP) challenging the judgment of the Central Administrative Tribunal (CAT), Jammu Bench dated April 23, 2024.
The petitioners were represented by Monika Kohli, Senior Additional Advocate General, while D S Chouhan, Advocate assisted by Damini Singh Chouhan, Advocate appeared for the respondent Shakti Devi.
The Tribunal had quashed PHQ Order No. 1339 of 2018 which had rejected Shakti Devi’s case for promotion from Inspector to Deputy Superintendent of Police (DySP), directing that her case be reconsidered based on her service record.
The Division Bench observed that the PHQ had overstepped its jurisdiction by closing the matter without forwarding the necessary reports and supporting documents to the Home Department, the competent authority to decide such promotions.
“The Police Headquarters did not appreciate that the case had been recommended again for ‘out of turn’ promotion in relaxation of the policy. The DGP was obligated to forward a complete dossier to the Home Department for a final decision,” the court stated.
The court took note of the fact that the Inspector General of Police (IGP), Jammu Zone had recommended Shakti Devi for promotion in 2010 for her role in a successful operation that led to the elimination of three Lashkar-e-Taiba (LeT) militants in Thannamandi, Rajouri.
Despite being recommended thrice — including through the Governor’s Secretariat — and rendering distinguished service even abroad, her case was closed by the PHQ citing prior rejection without giving due consideration to fresh material or seeking approval from the designated committee.
The Division Bench has now directed the DGP to submit all relevant documents, including vigilance clearance, citations, APRs and reports on her anti-militancy record, to the Home Department within two months. The matter is to be placed before the Committee headed by the Chief Secretary, which includes the DGP and the Secretary, Home Department, to take a final call within another two months.
The DB partially modified the CAT’s judgment and reiterated that all exceptional service, including her performance in sensitive postings, be duly assessed by the competent authority.
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