Non-Finalization of Seniority of more than 400 I/c (OPG) DySsP

HC issues contempt notice to Home Secy

08/02/2018

JAMMU, Feb 7: In a significant development, the First Puisne Judge of J&K High Court (Jammu Wing) Justice Ramalin gam Sudhakar has issued contempt notices to R.K. Goyal (IPS) Principal Secretary to Govt. of J&K (Home Department) and Shesh Pal Vaid (IPS), Director General of Police, J&K in a contempt petition returnable within four weeks requiring both the officers to file their statement of facts in the contempt petition filed by Ashok Kumar Chib and Mohd. Ibrahim both DySsP highlighting the willful/intentional defiance of Judgment dated October, 26, 2017 passed by the High Court in SWP No.273/ 2017 titled Ashok Kumar Chib & Ors V/s State of J&K & Ors, wherein the Court had issued directions to Principal Secretary (Home) and DGP J&K Police to complete the process of finalizing the seniority of DySsP as pointed out by the Committee constituted for the purpose after providing opportunity to all the stakeholders to file objections, if any, within a period of three months. The Court had also directed that in case needful is not done within the aforesaid period in that eventuality the Principal Secretary (Home) and DGP J&K shall not make any promotion/ Incharge arrangement/ placement to the higher posts i.e. Selection Grade DySsP and SPs, if there is no legal impediment.
Advocate Sheikh Shakeel Ahmed appearing for the petitioners submitted that more than 400 DySsP are working on Incharge/OPG basis in J&K Police and many of the officers have already retired without their cases being sent to DPC for regularization and conferment of other service benefits. Advocate S.S. Ahmed further submitted that all these DySsP are substantively Inspectors but are discharging their duties in most difficult
situations as I/c (OPG) DySsP with no service benefits. He further submitted that juniors to these DySsP have already scaled march but due to non-finalization of their seniority, they are stagnating on Incharge basis as DySsP.
Advocate S.S. Ahmed further submitted that on October, 26, 2017 the State High Court had fixed a time limit of three months for the finalization of the seniority and despite the lapse of this time limit the Govern ment of J&K has preferred to remain silent and there is no compliance of the order.
After considering the submissions of Advocate S.S. Ahmed, Justice Ramalingam Sudhakar issued contempt notices to R.K. Goyal (IPS) Principal Secretary to Govt. of J&K (Home Department) and Shesh Pal Vaid (IPS), Director General of Police, J&K requiring both of them to file their statement of facts within four weeks. JNF

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