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

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Haroon Nabi

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.

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.

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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Encounter starts in Chanapora, Sgr

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(Asian News Hub) – An encounter broke out between Security forces and militants in Chanapora area of Srinagar on Thursday evening, police said.

According to the news agency—Kashmir News Observer (KNO), police in a tweet informed that the gunfight has started in Chanapora area this evening, saying that the police and security forces are on the job.

“#Encounter has started at #Chanapora area of #Srinagar. Police and security forces are on the job. Further details shall follow,” Kashmir Zone Police tweeted.

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Centre to send more forces to J&K

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(Asian News Hub) – The central government has decided to move extra forces to Jammu and Kashmir amid targetted killings and encounters between security forces and militants.

Quoting sources News18 reported, the official announcement of sending soldiers will be made soon to send about 25 companies of troops to Jammu and Kashmir to give security to civilians and help other forces to eliminate militants.

They said that the additional companies CRPF will be arranged mannerly. They will be sent in phases. 10 companies will be sent to J&K, while in the next two phases, the remaining 15 will be dispatched.

Also Read: Won’t allow disruption of peace; damage to communal fabric of J&K at any cost: DGP Dilbagh Singh

In a high-level meeting, the decision was taken in view of the current situation. ‘Almost two dozen CRPF companies will be moving to Jammu and Kashmir from different parts of the country in view of the current situation. Soon, an official communication will be released to move these troops,’ News18 reported quoting sources in the government.

Arrangements for the accommodation, transportation etc have already begun. The process of informing companies who will be going to J&K has also started.

Also Read: Won’t rest till we root-out militancy from J&K soil: LG Manoj Sinha

‘The step was decided in a high-level meeting. Arrangements will be made soon and after that, an official communication will be released in a few days,’ the official claimed as per News18.


DG CRPF Kuldiep Singh is already in Jammu and Kashmir monitoring operations and the situation along with other top officials of the biggest paramilitary force.

It is expected that the DG would remain there till Home Minister Amit Shah reaches J&K for his visit from October 23-25.

On Wednesday, four unidentified militants were killed in separate encounters with security forces in the Shopian and Kulgam district of Jammu and Kashmir, police said.

Meanwhile, the Indian Army’s longest operation in the last 10 years is going on in Mandher sector.

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Won’t allow disruption of peace; damage to communal fabric of J&K at any cost: DGP Dilbagh Singh

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Says selected killings were aimed to trigger communal fissures, those involve to be dealt with sternly; pays homage to 375 police, security forces killed in last one year

(Asian News Hub) – Director General of Police (DGP) Dilbagh Singh Thursday said that killing of civilians and minority community members in J&K was a move to disrupt peace and to trigger a communal fissure in UT ‘but police and security forces will foil all such plans and won’t allow militants to succeed.”

Addressing the police commemoration day function at armed police complex Zewan in Srinagar, the DGP said that some militants while acting on the advice of their mentors across the LoC resorted to disruption of peace by killing civilians and members of minority community. “These selected killings were aimed at triggering communal fissures in Kashmir. Police and other forces acted swiftly to foil the designs of militants and their mentors,” he said as per news agency—Kashmir News Observer (KNO). “We will not allow disruption of peace and damage to the communal fabric of J&K at any cost.”

Also Read: Won’t rest till we root-out militancy from J&K soil: LG Manoj Sinha

He said killing of civilians was not just to disrupt the peaceful atmosphere but also hit the livelihood of common masses of Kashmir and the tourism as well. “We have given a befitting reply to the enemies of peace and will continue to do that,” the DGP said.

Also Read: J&K adopts Kalij Pheasant as UT bird; No change in State animal

He said that this year so far 370 policemen and other security forces personnel were killed in line of duty across India. The DGP paid rich tributes to all the policemen killed in line of action stating that police are committed to protect the integrity of country and to keep the peace intact in J&K.

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