The division bench of High Court has dismissed the petition challenging appointment of S P Vaid as Director General of Police.
A division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice MK Hanjura dismissed the petition filed by S K Mishra challenging appointment of SP Vaid as DGP saying the petition of the petitioner sans merit.
After hearing both sides, the court observed, “The Director General of Police of the State shall be selected by the State Government from amongst the three senior most officers of the Department, who have been empaneled for promotion to that rank by the Union Public Service Commission on the basis of their length of service, very good record and range of experience for heading the police force.”
It observed that the petitioner and SP Vaid admittedly, are governed by the Indian Police Service (Pay) Rules, 2016.
“The assessment of the merit and other relevant facts for making selection on the post of DGP was purely within the domain and jurisdiction of the State Government and, since the petitioner was also considered in the panel of eligible officers by the cabinet, so the petitioner cannot challenge the validity of the order by which the SP Vaid was selected and appointed as the Director General of Police. The petitioner is still working as Director General of Police and no prejudice can be said to have been caused to the petitioner by the appointment of the SP Vaid as the Director General of Police,” it said.
The court said merely stating that the petitioner figures a step ahead of the Vaid in seniority order cannot be a ground to challenge the validity of the order of selection/ appointment of SP Vaid as DGP for which a variety of circumstances have to be taken note of, especially in view of the conditions prevalent in the State.
“The J&K cannot be compared and treated on the same pedestal as any other State of the country where the conditions are normal. The priority of the Government is to maintain peace and harmony amongst the different sections of the people and, at the same time, to deal with the menace of militancy in an effective and efficient way. Therefore, it becomes all the more necessary to single out a person for holding the coveted post of the DGP, who is well versed with the situation and the circumstances prevailing in the State of Jammu and Kashmir and has the zeal, zest and competence to deal with these situations,” it said.
The division bench observed that the petition of the petitioner sans merit and dismissed it.