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High Court Stays CAT’s Judgement Quashing Promotion of Sub Inspectors of JKP

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Haroon Nabi

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Srinagar, Jan 03: Division Bench of Jammu and Kashmir High Court has stayed the operation of the judgment of Central Administrative Tribunal (CAT) order impugned dated 9th December 2020 regarding promotion of 2010 batch of Sub Inspectors and ordered that any promotions made on the basis of the impugned seniority list questioned by the private respondents shall remain subject to the outcome of the present petition.

According to news agency-KDC in a case, Ranjeet Singh and others Appellant V/s Tajamul Islam and others Respondent(s), division bench of Justice Dheeraj Singh Thakur and Justice Sindhu Sharma stated that subject to objections and till next date of hearing, operation of the judgment and order impugned dated 9th December 2020 shall remain stayed. Any promotions made on the basis of the impugned seniority list questioned by the private respondents shall remain subject to the outcome of the present petition.

According to the court details, the petitioners challenged the judgment and order passed by the Central Administrative Tribunal (CAT), Jammu Bench (for short, ‘Tribunal’) whereby the Tribunal quashed the final seniority list of direct recruits Sub Inspectors of Jammu and Kashmir Police. The Tribunal has held that the seniority list ought to have been framed on the basis of Rule 111(2) of the Jammu and Kashmir Police Rules, 1960 (for short, ‘Police Rules’) and that seniority ought to be given based on the merit as assessed in the written test as well as viva voce test and not on the basis of merit obtained in the training course.

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Counsel appearing for the petitioners, R A Jan urged that the view expressed by the Tribunal was erroneous in law and contrary to the mandate of Rule 111 of the Police Rules.

It was urged that the seniority could have been framed on the basis of merit obtained in the basic induction training course only in accordance with the aforesaid rules and that the reliance placed by the Tribunal on the Division Bench judgment of this court in Rohit Gupta & ors vs. Ajay Kumar & ors, 2016(2) JKJ 315 was misplaced as the same pertains to the prosecuting officers, which was a class apart from the serving police agency (Executive Wing) as the petitioners herein.

Counsel for the private respondents, on the other hand, placed overwhelming reliance upon the judgment (supra) to emphasize the point that the view expressed by the Tribunal was legally justified. Heard counsel for the parties.

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It is not denied that the petitioners had undergone the basic induction training course of one year before getting confirmed as direct recruits Sub Inspectors. On a perusal of the Rule 111(2) of the Police Rules, it, prima facie, appears that seniority of candidates directly appointed on the same date, who were required to pass any course or departmental examination as a necessary condition of their subsequent confirmation would depend on their order of merit in such course or examination. This part of the rule cannot be easily brushed aside in its application even on its plain reading.

“We are of the opinion that the petitioners have succeeded in making out a prima facie case. Issue notice in the main petition as also in application,” observed the court, providing four week time to the respondents to file objections, reads an order copy of court a copy of which lies with news agency KDC.

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Man dies as tractor turns turtle in Sopore

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A man lost his life on Sunday morning as tractor turned turtle in Sopore area of north Kashmir’s Baramula district.

Also Read: SMC Corporator Aqib Renzu in custody on charges of sexual harassment

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Quoting an official news agency KS reported that a man was critically injured on Sunday morning after a tractor in which he was travelling turned turtle at Badambagh.

He said soon after the incident, he was immediately taken to Sub District Hospital Sopore, where doctors declared him dead on arrival.

A police officer confirmed the incident and identified the deceased as Farooz Ahmad Bhat, son of Abdul Hamid Bhat resident of Badambagh.

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SMC Corporator Aqib Renzu in custody on charges of sexual harassment

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Srinagar police on Saturday said to have arrested a Srinagar Municpal Corporation (SMC) Corporator for sexual harassment, outraging modesty and online stalking.

Also Read: Man slips to death while collecting firewood in central Kashmir

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They said strong technical evidences in this matter were produced by the brave victim, the accused has been identified as Aqib Ahmed Renzu resident of Nishat Srinagar.

Case under FIR No 50/2023 U/S 354, 354A, 354D registered in RM Bagh Police station.

Srinagar police on X informed, “One SMC corporator Aqib Ahmed Renzu of Nishat Srinagar arrested for sexual harassment, outraging modesty and online stalking. Strong technical evidences in this matter were produced by the brave victim. FIR No 50/2023 U/S 354, 354A, 354D registered in RM Bagh Police station.”

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Man slips to death while collecting firewood in central Kashmir

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A man died after he slipped while collecting firewood in Rezan forest area in Central Kashmir’s Ganderbal district on Saturday.

An official told that Showkat Ahmad Tekri, son of Gh Hassan Tekri of Gujerbasti Rezan slipped and fell down from the upper reaches of the forest area, which resulted in his on spot death.

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The heavy rainfall had triggered slippery conditions in the area.

He said that soon after the incident, police reached the spot and recovered his body.

“After medico-legal formalities, his body will be handed over to her family members for the last rites,” he said. KNO

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