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| Promotion of Sub Inspectors | | DB dismisses state appeal, sets aside part of judgment of writ court | |
Early Times Report
Jammu, Mar16- While dismissing the appeal filed by the state of J&K and allowing the appeal filed by the private respondent, the Division Bench of J&K High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice Mansoor Ahmed Mir today set aside the part of judgment of writ Court whereby the State has been directed to revert Dushyant Sharma and Vidya Bhaskar to the post of Sub-Inspector.
After hearing Advocate General M I Qadri in LPA 104/2005 filed by the State and Ors ,senior Advocate MK Bhardwaj with Advocate Ajay Abrol appearing in LPA filed by Dushyant Sharma and Advocate Abhinav Sharma appearing for Sanjeev Khajuria, the Division Bench considered the arguments of both sides and observed that if appointment of respondent Dushyant Sharma in the petition is not against the rule which is not so, as has been held by the Division Bench, it appears to be no just reason for not appointing the petitioner Sanjeev Khajuria as Inspector. DB further observed that it is true there has been six years delay on the part of petitioner-respondents to approach the Court but the fact remains that his representation was rejected only in the year 1999. Furthermore, in the instant case the petitioner was seeking to uphold his fundamental right enshrined in the Constitution of India and for the purpose he could come at any time.
With these observations DB dismissed the appeal filed by the State and allowed the appeal filed by the private respondent by setting aside that part of the judgment and order under appeal thereby the State directed to revert the Dushyant Sharma and Vidya Bhaskar to the post of Sub Inspector. JNF
The petitioner-respondent in these appeals was appointed as Sub-Inspector December 30, 1994 (Executive Branch) in J&K Police Department and on the same day Dushyant Sharma was appointed as Inspector Executive in J&K police in sports category. Six years later petition was filed contending that Sanjeev Khajuria is similarly situated to that of other private respondents in the petition including to that of respondent Dushyant Sharma, but in the matter of giving the benefit of rule in terms all of them had been appointed, he has been discriminated. The contention has been accepted by the Single Judge, directed to be given appointment in the post of Inspector, the appointment given to the private respondents including respondent Dushyant Sharma has been directed to be reverted back to the post of Sub-Inspector, being aggrieved these appeals have been filed by the State as well as the private respondents. It is submitted that the rules 1991 authorize appointment of outstanding sports personal in any vacancy in the non-gazatted cadre whereas the respondent No 5 to 7 were appointed under the sports category. JNF
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