Jammu and Kashmir High Court on Wednesday dismissed the petition, challenging the appointment of Dr S P Vaid as Director General of Jammu and Kashmir Police.
A division bench comprising Justices Ali Mohammad Magrey and M K Hanjura dismissed the petition filed by S K Mishra challenging appointment of Dr Vaid as DGP J&K, terming the petition of the petitioner sans merit.
The Bench observed that the Director General of Police shall be selected by the state government from among the three senior-most officers of the Department who have been empanelled for promotion to that rank by the Union Public Service Commission on the basis of their period of service, good record and range of experience for heading the police force.
"It was further observed that the petitioner and Dr Vaid admittedly, are governed by the Indian Police Service (Pay) Rules, 2016 and on the analogy of note 2 added to Sub-rule 2 of Rule 3 of the Indian Police Service (Pay) rules, 2016, the Director General of Police (HoPF) in the apex scale (Level 17) has to be appointed from amongst the officers holding the post of Director General of Police in the State cadre (Level 16 of the Pay Matrix)," Court sources here said.
However, stating that the petitioner figures a step ahead of Dr Vaid in the order of seniority cannot be a ground to challenge the validity of the order of his selection to the post of Director General of Police, for which a variety of circumstances have to be taken note of, particularly in view of the conditions prevailing in the State of Jammu and Kashmir which, by now, are obvious and does not require any retelling.
"The Cabinet, found Dr Vaid to be fit and suitable person for the post of Director General of Police (HoPF), J&K State and, therefore, such a decision of the Cabinet cannot be called in question before a Court," observed the Court.
The Bench with these observations dismissed the petition terming that it sans merit.
UNI VBH RSU SW 2214
-- (UNI) -- C-1-1-DL0491-1367186.Xml