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| Fixation of POs seniority | | HC struck down police rule | | EARLY TIMES REPORT
Jammu, May-07 (JNF):- In a batch of writ petitions filed by Prosecuting Officers who were appointed in the year 1998, 2002 and 2004 and promoted as Senior Prosecuting Officers in terms of final seniority list which was issued on January 10, 2007 under rules 24 of J&K Civil Services (Classification, Control & Appeal) Rules 1956. The respondents had redrawn the same in terms of Rules 111 (2) of Police Manual Rules which was challenged in all these petitions.
Justice Sunil Hali in a landmark judgment observed that the issue of determination of seniority had been decided and concluded vide order dated January 10, 2007 passed by the authority concerned, it is only on the representations filed by the some of the officers that the issue has been re-opened and seniority list has been re-drawn without affording opportunity of hearing to all the effected persons. This act of the respondent authorities is violating of principles of natural justice. With these observations Court allowed batch of petitions and Rule 111 of the police rules is declared ultra-virus of the constitution and is accordingly struck down. The order dated September 9, 2008 shall stand quashed. The seniority of petitioners as also the private respondents as determined vide order No 536-2007 dated January 10, 2007 shall remain intact.
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