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HC refuses benefits to petitioner for out of turn promotion
4/17/2014 11:43:59 PM
Early Times Report

Jammu, Apr 17 : In a petition seeking benefits filed by Gh Murtaza Head Constable in CID Organization of Jammu and Kashmir Police, was promoted out of turn to the rank of Assistant Sub- Inspector (ASI) in terms of order No.3976 of 2000 dtd 05/12/2000, Justice Bansi Lal Bhat observed as a Police Officer, petitioner was expected to discharge his duty efficiently and with dedication and that being the normal duty of a Police Officer could not be considered to be an exceptional performance.
"In absence of any specific instance in the recommendation letter of Senior Superintendent of Police (SSP)-CID, CI-Kashmir dated 16.03.1998, it cannot be said that the performance of petitioner was of exceptional nature, court observed. It is subsequently on the basis of assessment of performance of petitioner on the basis of materials provided and brought to the notice of ADGP CID, Kashmir that ADGP CID, Jammu and Kashmir subsequently, in terms of his communication dated 25/08/2000, recommended out of turn promotion in favour of petitioner as ASI on operational grounds, court observed and said thus the petitioner could not base his claim on the recommendation of SSP CID CI-Kashmir which did not record any event of his exceptional performance.
Court also said that it is significant to note that the petitioner himself didn't rake the issue of giving retrospective effect to his out of turn promotion for a pretty long period of three years before filing of writ petition and this fact was noticed by this Court while disposing of SWP No.980 of 2004. Court further observed that petitioner has no cause for being aggrieved and the petitioner should feel satisfied that his outstanding performance has been recognized and for such outstanding performance, he has been considerably rewarded by being promoted out of turn. With these observations Court dismissed the petition. JNF
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