Excelsior Correspondent
JAMMU, Dec 9: A bench of Central Administration Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur has quashed the final seniority list of Sub-Inspectors in Executive Wing of J&K Police and issued directions for redrawing the same.
The final seniority list of Sub-Inspectors of 2010 batch in Executive Wing of J&K Police issued by Director General of Police vide Order No. 2678 of 2019 dated 12.07.2019 was challenged to the extent that several respondents who were lower in the merit and juniors to the petitioners were placed over and above the petitioners.
After hearing Senior Advocate PN Raina with Advocate Jasbir Singh Jasrotia for the petitioners, the CAT observed, “there is no record to show that the applicants and the private respondents did not complete their probation successfully on the same date”, adding “mere averments of either party that they completed their probation prior to each other is not supported by any record”.
“Had it been otherwise, official respondents should have placed the record before the Tribunal showing different date on which the applicants and private respondents passed the training within the probation period”, the CAT said, adding “the conclusion, therefore to be drawn is that all the candidates passed their training within the probation period and are deemed to be confirmed on the same date, their seniority as amongst themselves shall remain the same as during their probation period”.
“The malaise of lack of steadfast and continuity in having in place fixed systems in its administration has plagued the police organization in J&K. Over the decades, the administrators have been unable to evolve and put in place, systems/procedures which have continuity in their applications to recruitment/ seniority/promotions”, the CAT said, adding “it seems, successive administrations and at times, different wings of the police have applied different rules, procedures, interpretations etc leading to uncertainty and multiplicity of litigation which has adversely affected the efficacy of the organization at the administrative level”.
“This uncertainty and lack of systematic procedures as well as frequent and different interpretation of rules needs to be addressed by the concerned administration to reduce the level of litigation being faced by the organization”, CAT further said, adding “non obstante clause of Rule 111(2) of the Police Rules is to be applied to fix seniority of the applicants and they shall be given seniority during the probation period i.e. seniority based on the merit as assessed in written test as well as viva voce test and not on the merit obtained in the training course”.
Accordingly, CAT quashed the final seniority list of Sub-Inspectors in Executive Wing of J&K Police issued vide Order No. 2678 of 2019 dated 12.07.2019 to the extent respondents were placed over and above the applicants.
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