Excelsior Correspondent
SRINAGAR, Nov 27: The High Court today granted four weeks time to Union and State Governments for filing objections to the plea of Director General of Prison challenging the eligibility of S P Vaid’s appointment as Director General of Police Jammu and Kashmir.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey granted the time to the counsels’ representing Central and State Government and recorded in case the objections are not filed then the matter would be heard and considered without their objections on next date.
S K Misra, who is presently holding the post of Director General Prisons and has challenged the eligibility of S P Vaid as Director General of Police, was also present in the Court at the time of hearing.
Ministry of Home Affairs on behalf of the Centre has to file the objections into the matter while as on behalf of State Government Chief Secretary, Principal Secretary Home Department and DGP have to submit their objections to the pleas of Misra.
Misra is aggrieved of the order of Government whereby Vaid came to be elected and appointed as DGP of State. He challenged the order before Central Administrative Tribunal (CAT) on the ground that the order of appointment of Vaid as DGP is in violation of Business Rules as also against the Supreme Court judgment.
He, through his counsel Shuja-ul-Haq, further submitted that the appointment has been issued without considering the other eligible candidates and also by selecting a person who was ineligible for being selected as DGP.
Misra further submitted that the present incumbent was only empanelled as Inspector General of Police by the Ministry of Home Affairs on the said date and was junior to him (petitioner).
Petitioner further added before the Court that Principal Secretary to Home department while considering his representation in terms of CAT in violation of business rules and inconsistent reasoning rejected the claim of the petitioner vide order dated 23.2.17, which compelled him to challenge the same again before CAT.
CAT on April 2017 considered the case again and directed the DGP to restrain from exercising administrative control or power over Misra in any manner.
However, petitioner submitted that on September 2017, CAT in terms of judgment dismissed the plea of petitioner without considering the entire material on record in its true and correct perspective and without appreciating the relevant law, rules and the ruling of Supreme Court in Prakash Singh versus Union of India.
Petitioner along with other reliefs prayed that the decision of CAT passed on September 21 be quashed and subsequently the Government be directed to promote him on the post in question.
Petitioner alleged that since the authorities more particularly Chief Secretary and Principal Home Secretary have committed willful breach of law laid down by Apex court in Prakash Singh’s case as such contempt proceedings be initiated against them so as to punish them under law.
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