Controversy over seniority of 1995, 1998 batches of JKP
Excelsior Correspondent
JAMMU, Mar 7: Division Bench of High Court, while deciding the controversy over the promotion of 1995 Executive and 1998 Armed Police officers, has set-aside the judgment of Full Bench of the Central Administrative Tribunal (CAT) and remanded the case back.
“The hearing by the Full Bench so constituted could not have been permitted on issues on which the Judicial Member and the Administrative Member were ad idem. For example, on the issue of delay and latches there was no conflict, yet the Full Bench proceeded to decide the same and dismissed the petition on that ground”, the DB said.
“On the need of there being a common seniority also, there was no conflict yet the Full Bench proceeded to decide the issue by holding that the nature of duties discharged by the Armed wing and the type of training imparted to them was substantially different and the establishment was maintained separately and independent of the Executive wing and further that Rule 172 of the Police Rules was general in nature and did not refer to the existence of separate wings in the Police Department”, the DB further said.
“It proceeded to further hold that the practice of maintaining of separate seniority list for the posts of Sub-Inspectors and Inspectors of different wings was in vogue for the past several decades and the same had assumed the strength of law. This, in our opinion, also could not have been decided, inasmuch as, there did not appear to be any conflict between the members on this issue. Having justified the framing of two separate seniority lists, as a necessary consequence, the Full Bench rejected the case of the petitioners in regard to the relief of promotions”, the DB observed.
“We are strongly of the opinion that the entire procedure adopted for adjudication of the disputes in the present petitions post the minor difference of opinion between the members of the Tribunal was contrary to the procedure prescribed by law. It is settled that if law requires a particular thing to be done in a particular manner, it has to be done in that manner or not at all”, the DB said, adding “the mandate of Section 26 of the Act nowhere authorized the Chairman to adjudicate upon an issue on which there was no conflict of opinion and assumed to itself the role of an appellate authority”.
Section 26 does not envisage a re-hearing of the case by a larger bench as an appellate authority with a view to over-rule the judgment rendered by the Division Bench, on all issues on the basis of sheer strength of the members of the Full Bench. Moreover, Section 16 mandates that upon reference the decision would be based to opinion of the majority of the members of the Tribunal who had heard the case including those who first heard it.
With these observations, Division Bench set-aside the judgement and order dated 31.03.2021 and remanded the matter back to the Central Administrative Tribunal, Jammu Bench. “The points of difference expressed by the Judicial Member and the Administrative Member in its judgement and order shall be crystallized and a reference shall be made to the Chairman on such points of difference within ten days’ from today”, the DB said.
“Upon such a reference being made on the points of difference, the Chairman of Tribunal shall proceed to decide the point or points of reference so referred in accordance with the provisions of Section 26 of the Act”, the DB added.
It is worthwhile to mention here that Full Bench of Central Administrative Tribunal comprising Justice L. Narasimha Reddy, Chairman and Administrative Members Bidisha Banerjee and A K Bishnoi while deciding the controversy over the promotion of Executive Police and Armed Police, directed Government to consider the feasibility of framing the Recruitment Rules for the posts of Sub Inspector and Inspector in various Wings of the Jammu & Kashmir Police as well as the Rules pertaining to the maintenance of common seniority list for Inspectors, duly maintaining proper ratio between Executive Wing and Armed Wing.
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