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| Chopra family murder case | | DB stays promotion of DySp | | EARLY TIMES REPORT
Jammu, Feb-03 :- In an appeal filed against the judgment of Single Judge, Division Bench of the High Court comprising Chief Justice Dr. Aftab H Saikia and Justice Mansoor Ahmed Mir today stayed the judgment and order passed by writ Court along with consequential orders passed by the state.
This significant order was passed in a petition filed by Javed Iqbal in which Senior Advocate ZA Shah with Advocates Vipin Gandotra and MI Sherkhan appeared for the appellant. The court issued notice to State of J&K through Commissioner/Secretary Home Dept, Director General of Police and Ors and also summoned the record. While admitting the appeal, the Division Bench observed that since the related appeal stands admitted, DB of the considered view that the interest of the justice will be satisfied, if the impugned common judgment and order dated December 29, 2010 passed by the writ court along with consequential orders passed by the state dept are stated and it is order accordingly. However, liberty is granted to the respondents to move this Court for modification/ alteration/vacation of the interim order.
DB also heard Advocate HA Siddiqui appearing for the caveator and discharged the same. It is submitted in the petition that petitioner belonging to ST category and was promoted in ALC category because in the DPC no other candidate belonging to ALC category was available and appellant was rightly promoted being senior and available candidate. According to the petitioner that the writ Court quashing the promotion as
Incharge DySP and the petition of the petitioner was dismissed on the ground that appellant was appointed as Sub-Inspector in ST Category and promoted as Inspector in ST Category and not entitled for promotion as DySP in ALC category and filed present appeal for quashing the judgment of Single Judge. It is worthwhile to mention here a number of times question raised in the state High Court whether an employee of the Govt can take benefits in two categories and present appeal is also of the same nature. JNF
JNF/FEBRUARY/03/2011/1
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