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

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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Body of 50-yr-old man retrieved after 3 days from Jhelum

(Asian News Hub) – Three days after drowning into Kiti Koul in Kani Kadal area of Srinagar, the body of a 50-year-old man has been retrieved from river Jhelum on Monday evening.

Official sources told the news agency—Kashmir News Observer (KNO) that the body of a 50-year-old man was retrieved today by River police from Jehlum in Takanwari area of Noorbagh in Srinagar.

They identified the deceased as Feroz Ahmad Raina, son of Late Abdul Aziz Raina of Zaindar Mohalla, Habba Kadal.

Meanwhile, they said that the body will be handed over to the family after completing the legal formalities.

KNO

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Elderly man injured in leopard attack in Anantnag

(Asian News Hub) – An elderly man was injured after a leopard attacked him in Chanderwan Uttersoo area of Shangus of South Kashmir’s Anantnag district on Monday evening.

Reports Reaching GNS said that a leopard attacked Abdul  Rasheed Wani Son of Mohammad Ahsan Wani of Chanderwan Uttersoo village, resulting in injuries to him.

Soon after the incident he was rushed to a nearby hospital wherefrom he was shifted to GMC Anantnag for specialized treatment.

Meanwhile the local residents appealed to the Wildlife Department to capture the wild animals present in the area at an earliest in order to prevent any further attacks.

GNS

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Samaniya Bhat: Youngest radio jockey from Baramulla

(Asian News Hub) – A 22-year-old girl from Baramulla is winning hearts of people through her voice and informative programmes as she works as a radio jockey at Radio Chinar at Sopore.

RJ Samaniya Bhat a resident of main town Baramulla who has recently completed her bachelors in Journalism and Mass communication from GDC Baramulla is first female radio jockey of North Kashmir and the youngest radio jockey of Kashmir Valley.

Bhat while talking with news agency—Kashmir News Observer (KNO) said that since her childhood she was interested in journalism, however, by chance she grabbed the opportunity to become a radio Jockey.

“I was always fond of microphones and when I heard that north Kashmir is going to have its first radio station I went for an interview and after 4 or 5 rounds, I was among selected ones and only female,” she said.

“I feel happy to work as Radio Jockey because it is a very creative field and it helps in building your confidence and become outspoken and spontaneous,” Bhat said, adding “she remains in the studio from 12 pm to 3 pm and produces a programme Hallabhol with RJ Samaniya.”

“Our main aim is to involve our youth and entertain people besides talented persons who are being called to the studio who keep their viewpoint before people,” she said.

“Do the things you are good at and follow your dreams with hard work, she said, in her message to students, while adding that parents must allow their children to choose their field and shouldn’t force them to go in any field in which they aren’t interested.

KNO

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