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| HC dismisses petetion seeking promotion out of turn | | |
Early Times Report
Jammu, Mar 22: Justice Mansoor Ahmed Mir of J&K High Court in a petition filed by Sub Inspector Mohd Amin then SHO P/S Loran in the year 1998 seeking out of turn promotion as Inspector on the basis of joined so many operations and fought against anti-national elements, has declined to direct the respondents to appoint the petitioner as an Inspector.
Petitioner submitted that his contribution was fully acknowledged by senior army officials who were also fighting militancy in the jurisdiction of police station Loran. During that period the petitioner was threatened by militants but despite all odds he undeterredly performed his duties and participated in various operations against militants. It is further stated that in terms of the police decision of the Govt, an Incharge Police officer whose performance is outstanding, entitled to out of turn promotion, but the official respondents have not been granted the same despite the fact he was having recommendations and the certificates at his back issued by the competent authorities. Whereas the Govt accorded out of turn promotions to seven private respondents as the performance of the petitioner was more outstanding as compare to seven private respondents.
In the reply filed through Additional Advocate General Jagidsh Parihar appeared for the state resisted the petition on the ground that the case of the petitioner was considered and rejected for the reasons that he has not performed in such a way in order to seek out of turn promotion. It is further submitted that the performance of petitioner was not found so exceptional by then SSP Poonch that he could enable him to be considered for out of turn promotion. Justice Mansoor Ahmed Mir approved for reporting judgment referred a judgment of the Apex Court and observed that it is beaten law of the land that this Court cannot direct the respondents to appoint the petitioner as an Inspector at the best the Court can direct the respondents to considered his case, provided his case has not been considered or considered what came to be rejected without considering all the material. In the present petition no relief can be granted for the reason that the case of the petitioner was considered and rejected. With these observations Court dismissed the petition filed by the petitioner. ----JNF |
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