news details |
|
|
| HC partially quashes selection of 2000 constables in IRP | | | Early Times Reporter
Jammu | Feb 26
In a much publicized selection of 2000 IRP Constables in which then DIG Jammu-Kathua Range Niaz Mahmood Mir IPS was suspended on the allegations of corruption, Justice YP Nargotra of J&K High Court Jammu wing has partially quashed the Govt order January 10, 2007 whereby the Govt nullify the whole selection process.
This landmark judgment has been passed in two petitions challenging the Govt order and submitted that vide advertisement notice August 26, 2006, applications were invited from the permanent residents of J&K State for the recruitment of 2000 posts of constables in IRP 13 and 14 Bns in the pay-scale 2750-4400 plus allowances. Pursuant to the advertisement notice about 33000 candidates applied. A selection Board was constituted for conducting selection of constables. The selection board was headed by Mr. Niaz Mahmood Mir IPS then DIG Jammu Kathua Range initiated the selection process. The candidates were subjected to various tests as prescribed by the advertisement notice. However, the selection process was not concluded, despite the fact that indoor and outdoor tests stood completed. It happened because according to the petitioners, Mr. Sham Lal Sharma, MLA Akhnoor issued a public statement in the press making allegations of mass corruption against the selection board. Taking note of the allegations Home Dept on January 10, 2007 ordered that the physical tests for selection of the candidates in IRP from Jammu and Kathua districts conducted under the supervision of Mr. Niaz Mahmood Mir Ex-DIG declared as null and void and Director General of Police shall constitute recruitment Board afresh for recruitment in IRP Jammu and Kathua districts. The Govt further ordered suspension of DIG IPS Mr. Niaz Mahmood Mir and an enquiry was ordered against him.
The petitioners being aggrieved of the annulment of the selection process have filed the present petitions for seeking quashment of Govt order January 10, 2007. The case of the petitioner that they have qualified all the tests and completed all the formalities, therefore, there was no irregularity in their selection process so far carried out and there was no justifiable reason for the Govt to nullify the whole selection process.
Justice YP Nargotra after hearing Sr. Adv UK Jalali, Advocates Anil Khajuria Romesh Arora and Raghu Mehta appearing for the petitioners and AAG Mr. BS Salathia appearing for the state respondents observed that the facts being pointed out by the counsels appearing for the petitioners, respondents were directed to place on record the report of the Enquiry Officer, pursuant to which report of the Inspector General of Police CID, Headquarters filed. Pursuant to the conclusion of the enquiry the Govt vide order dated June 13, 2007 has reinstated Mr. Niaz Mahmood Mir then DIG Jammu-Kathua Range. From the enquiry report it is manifest that enquiry officer did not find the allegations of corruption substantiated against Mr. Niaz Mahmood Mir who headed the selection board. It is also indicated that in the case of only 49 candidates, enquiry officer after taking the re-measurement records in the application forms noticed only minor irregularities and that too were ignored for taking as evidence of mall practice against Mr. Mir, the fact remains that except 49 candidates no irregularities has come to be detected out of total 33000 candidates.
Justice YP Nargotra in the much publicized case of selection of 2000 constables in IRP further observed that Sr. Adv Mr. UK Jalali appearing for the petitioners submitted that once it is admitted case of the respondents that there was no irregularity found in case of other candidates except 49 candidates, there could be no justifiable reason to annul the entire selection process and provided for subjecting all the candidates to fresh test. On the other hand AAG BS Salathia in the face of enquiry report does not dispute the fact that except in respect of 49 candidates, no irregularity was found in the selection process relating to the rest of the candidates. Court said that in this situation respondent do not seem to be justified to make the physical test already conducted as null and void, especially when Mr. Niaz Mahmood Mir then DIG who was heading the selection board has already been exonerated. In this view of the matter the impugned Govt order is partially quashed. Newly constituted selection board shall proceed with the selection process from the stage the earlier selection board has left. However, it shall be open for the selection board to subject only such candidates in respect of whom irregularities have been detected during the enquiry to fresh Endurance Tests. Court further directed that selection process shall be completed if possible within a period of one month. JNF |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
