CAT dismisses plea challenging Dr Vaid’s appointment as DGP

Kashmir Times. Dated: 9/22/2017 5:45:47 PM

JAMMU, Sep 21 (JNF): The Bench of Central Administrative Tribunal Comprising (CAT) Justice M S Sullar and P Gopinath Ullar dismissed petition filed by SK Mishra presently posted as DG Prisons challenging the appointment of Dr SP Vaid as Director General of Police (DGP).
While dismissing the petition, CAT Bench observed that since SK Mishra is senior in the cadre and Dr SP Vaid DGP J&K is junior to him, restraining from exercising any administrative control or power over the applicant, in any manner.
In the application filed by SK Mishra challenging the impugned order dated February 23, 2017, whereby his representation dated January 4, 2017, claiming appointment to the post of DGP, Head of Police Force of State of J&K, was rejected by Competent Authority.
The matrix of the facts and the material, culminating in the commencement, relevant for deciding the core controversy, involved in the instant application and exposited from the record, as claimed by the applicant, is that he is senior most Indian Police Service (IPS), Officer of J&K, belonging to 1985 batch, whereas SP Vaid belonged to 1986 batch of IPS. The applicant was empanelled as Additional Director General (ADG) with 1985 batch officers by the Government of India, while respondent number 4 was dropped and was not empanelled as such, with his batch mates of 1986. The applicant was stated to have been illegally superseded by DGP Vaid, who was junior to him (applicant). It was claimed that official respondents have appointed respondent number 4 as DGP (HOPF) (J&K), vide orders dated December 28, 2016, contrary to law and by-passing the seniority.
Court after hearing Advocates Anil Sethi and Ajaz Ahmed Bhat for the petitioner whereas Advocate Harshvardhan for Union Home Secretary, whereas Senior AAG WS Nargal for state of J&K and Advocates Rahul Sharma and Narinder Attri for SP Vaid observed that Supreme Court has held that it is needless to emphasise that it is not the function of the court to hear appeals over the decisions of Selection Committees and to scrutinize relative merits of the candidates. Whether a candidate is fit for a particular post or not, has to be decided by the duly constituted Selection Committee which has the expertise on the subject. Thus, the contrary arguments of the learned counsel for the applicant, stricto sensu, deserve to be and are hereby repelled and the ratio of law laid down in the indicated judgments is, mutatis mutandis, applicable to the instant controversy and is the complete answer to the problem in hand.
Court further observed that there is yet another aspect of the mater, which can be viewed entirely from a different angle. Concededly, the applicant had moved a representation on January 4, 2017, raising almost all the points, as now urged in the present OA. Having considered each issue, the representation filed by the applicant was duly considered and rejected by the competent authority vide impugned detailed order dated February 23, 2017.
Court further observed that the representation of S.K. Mishra, was examined in light of the said order dated January 24, 2017 of Central Administrative Tribunal, pleas raised by Mishra in his representation and relevant rules, and it has been observed that post of Director General of Police, J&K is required to be filled amongst the officers in the zone of consideration with due regard to merit and seniority. The seniority alone is neither the necessary nor sufficient criteria for making this selection and therefore the seniority alone does not confer any right upon the applicant, to the appointment as the Head of Police Force i.e. DGP. It has been a practice that the appointments/postings at senior level including that of DGP are made after due deliberations by the state cabinet. The Chief Secretary, in his capacity as Secretary to cabinet suitably apprises the cabinet about the details of the officers falling in the zone of consideration. The Cabinet after considering all the aspects, relating to seniority, services rendered/achievements made by these officers in the state and other relevant factors, makes appointments to various senior positions.
In the instant case, the requisite details in respect of the two officers, SK Mishra and SP Vaid being in the consideration zone, were made available to the office of the Chief Secretary, ahead of the Cabinet meeting held on December 28, 2016. The cabinet after carefully considering the service records of the two officers, their PAR’s, experience, contribution made by them in different posts, the present security scenario obtaining in the state and other relevant aspects came to the conclusion that SP Vaid, would be a suitable choice for the post of DGP. The cabinet, accordingly, decided to appoint SP Vaid as DGP, J&K, upon completion of the extended term of service of K Rajendra Kumar on December 31, 2016.
Court further observed that the post of DGP, J&K (Head of the Police Force), in Apex Scale, is to be filled by selection from amongst the officers in the consideration zone, for which the seniority alone is neither the necessary nor sufficient criteria for making this selection and therefore the seniority alone does not confer any right upon the applicant, to the appointment as the Head of Police Force i.e. DGP. Non empanelment of an IPS officer at the level of ADGP, cannot act as an impediment to the appointment as DGP, in the state, as contended by the applicant, if so chosen by the Competent Authority.
Court further observed that this means that all the important issues pleaded and urged by the applicant in the instant application filed by SK Mishra, indeed have already been duly considered and decided in the right perspective by the Competent Authority. “We do not find any reason, much less cogent, to interfere in the selection and appointment of Dr SP Vaid as DGP (HoPF), J&K, in the obtaining circumstances of the case.
With these prismatic reasons, CAT Bench hold that as there is no merit, so the instant application dismissed.

 

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