Justice Sanjeev Kumar of J&K High Court today stayed the promotion of 49 Sub Inspectors who were recently promoted by the PHQ vide order 636 of 2020 dated February 13, 2020.
The siginificant order has been passed in an application filed by aggrieved sub inspectors who had challenged seniority list.
In the peititon filed by Advocate Jasbir Singh Jasrotia seeking quashment of the final senority list of Sub – Inspector in Executive Wing of J&K Police issued by respondent no. 2 vide order no. PHQ order no. 2678 of 2019 dated 12.07.2019 to the extent that respondent no. 4 to 208 who were lower in the merit and juniors to the petitioners are placed over and above the petitioners in the said senority list which is framed in totally illegal, arbitrary and contrary to the provisions of law and also sekeing direction to the respondents to prepare fresh senority list after considering induction merit obtained by the petitioners in the selection process as the same induction merit has been followed by the respondents while preparing the senority of sub-inspectors of batch of 2000 & 2002.
In the petition it has also been sekeing direction to respondents to restrain to act upon the final senority issued by respondent no. 2 vide order no. PHQ order no. 2678 of 2019 dated 12.07.2019 as the same is not prepared as per the applicable rules and in the said final senority list the juniors to the petitioners were placed over and above the petitioners in the said senority list.
During the course of hearing Adv Jasbir Singh Jasrotia submitted that despite assurance by AAG Raman Sharma, the respondents have acted upon the impugned seniority list and have issued the orders of promotion in favour of 49 private respondents. It may be clarified that assurance came to be made by the Additional Advocate General in the context of the observations made by this Court that it is a case for showing indulgence in the matter and directing the respondents not to make promotions.
During the course of hearing AAG Raman Sharma fairly stated that matter was brought to the notice of the respondents and they were asked not to act upon the seniority list and make promotions till the matter is considered by this Court. He, however, is not aware as to how and under what circumstances, | the promotion order has been passed by the respondents.
Justice Sanjeev Kumar in the open court after hearing both the sides observed that this is a very serious matter and in case, the conduct of the respondents as exhibited by them in defining the directions of their own counsel is continuous, the sanctity of Court orders and the trust which this Court reposes in the counsel appearing before it would be seriously jeopardized.
With these observations, Justice Sanjeev Kumar in the open court observed that this is a fit case for indulgence on the basis of merit, the impugned seniority list as also the consequential order of promotion issued by the respondents vide PHQ order No. 636 of 2020 dated February 13, 2020 is stayed. JNF