Excelsior Correspondent
JAMMU, Oct 30: Division Bench of State High Court comprising Justice Ali Mohammad Magrey and Justice BS Wali has upheld the judgment of Writ Court whereby it had directed State to reckon Ashiq Hussain Bhukhari’s seniority as Superintendent of Police from the date he joined as Incharge Superintendent of Police (Operations) in terms of PHQ Order No. 2002 of 198 dated June 24, 1998, and after computing his seniority as such, recommend him for consideration/ place his case before the Competent Authority, for induction in Indian Police Service against the quota available in appropriate year.
Against the judgment of Writ Court present appeal was filed mentioning that Writ Court has erred in law by allowing the writ petition of the Ashiq Hussain Bhukhari, therefore, same was required to be interfered with and set-aside. It was also submitted that Ashiq Hussain Bhukhari knocked the doors of the court only when the appellants were inducted into IPS cadre.
After hearing Senior Advocate MK Bhardwaj with Advocate Ajay Abrol for the appellant whereas AAG WS Nargal appearing for the State and Senior Advocate DC Raina with Advocate FA Natnoo appearing for the private respondent, DB observed that submission made by Senior Advocate DC Raina for the Ashiq Hussain Bhukari as regards the implementation of the judgment carries weight. More so, for the reason that State has not even chosen to appeal the impugned judgment but have remained contended with directions passed.
Division Bench further observed that even otherwise the Writ Court has very rightly observed that nobody has questioned the placement of Ashiq Hussain Bhukhari as Incharge (Operations), being exclusively meant for Superintendents of Police, therefore, to stop the respondent/ petitioner from seeking benefit of such placement at this stage with reference to Regulation 5(2) of the Regulations of 1955, is unjustified.
“We do not see any merit in the appeal that warrants interference with the impugned judgment which is upheld. The appeal, in the circumstances, is held to be feeble, therefore, dismissed along with all MPs”, the DB said, adding “interim directions, if any, shall stand vacated”.
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