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| Induction of 24 KAS officers into IAS challenged | | DB remitted the back to petition to writ Court | | EARLY TIMES REPORT
Jammu, Dec 6: Responding to the appeal filed by then Director Handloom J&K against the order of Writ Court challenging the induction of 24 KAS Officers into IAS in a meeting held on March 27, 1995, the Division Bench remitted back to the for fresh consideration on merits
A Division Bench of J&K High Court Jammu Wing comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh after hearing both the sides observed that when peruse the order of Writ Court, Division Bench find that Writ Court after referring to the stand of respondent, in a cursory manner, straight way reached the conclusion that this Court cannot substitute the opinion of the selection committee and proceeded to dismissed the petition. Division Bench is of the considered view when such serious allegations as against selected candidates were made and such allegations were also substantiated with reference to certain records. The un-controverted statements of the official respondents, it is imperative to find out as to whether the appellant’s case deserves consideration. It is true that applicant by know has reached the age of retirement and is no longer continuing in service. The counsel for the appellant placing reliance upon the Division Bench judgment of Punjab & Harayana High Court and contended that in the events when appellant’s claim being countenanced, there would be still scope of granting relief notionally, which would provide scope for getting consequential relief to the appellant. Upon this Division Bench said that the court also convinced with the said claim rasied on behalf of the appellant and in this circumstances, the appeal merits acceptance and the order of the writ court in so far as it relates to the appellant is set-aside and matter is remitted back to the for fresh consideration on merits.
In the LPA filed by one KR Padha the then Director Handloom Dept at the relevant time submitted that as per the rules the selection committee should have met every year and prepared a list of suitable officers to be considered for promotion to the IAS from the State Civil Service. The petition said the members of the selection committee have not met between 1990-1994 and that meeting was convened only March 27, 1995 in which the APRs of 67 officers including the appellant spreading over the previous five years were considered and while respondent 5 to 28 were recommended for induction into IAS, appellant was left out. Specific allegations were also made against selectee No 5, 8 & 9 alleging that on the relevant date they had crossed the age of 54 years, respondent 10 was a physically crippled person, respondents 6 and 13 were earlier dismissed from service for their alleged league with anti-national forces but yet their name were included and respondent NO 19 who was placed under suspension for 10 long years for his act of omission and commission as Supt of Stationary & Supply Dept J&K, but yet he was also inducted into IAS. Various other averments and allegations were also raised as to why selection of 24 respondents should be set-aside.
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