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2014 DIGILAW 168 (JK)

Gh. Murtaza v. State Of J&K

2014-04-10

BANSI LAL BHAT

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1. Petitioner, serving as Head Constable in CID Organization of Jammu and Kashmir Police, was promoted out of turn to the rank of Assistant Sub- Inspector (ASI) in terms of order No.3976 of 2000 dated 05.12.2000 passed by Director General of Police, Kashmir. This was done in recognition of petitioner's outstanding performance in the collection and dissemination of information on anti militancy front. However, petitioner felt dissatisfied as according to him the recommendation for his out of turn promotion was kept pending in the department for a prolonged period of two years without any justification. He filed representation before respondent no.2 -- Director General of Police, Srinagar for granting him the benefit of retrospective promotion with effect from the date of recommendation, i.e. 16.03.1998. Aggrieved of inaction on the part of respondents in granting consideration to his representation, petitioner filed SWP No.980/2004, which came to be disposed of by this Court in terms of order dated 27.04.2005 directing respondents to consider the representation of petitioner which had been filed in September, 2003, i.e. after a period of five years. The representation was rejected by respondent no.2 in terms of order dated 26.09.2005 on the ground that the recommendation was received from ADGP, CID in terms of his communication dated 25.08.2000, the same was processed under Rules and after according due consideration, petitioner came to be promoted out of turn in terms of PHQ Order No. 3976 of 2000 dated 05.12.2000. Thus, in absence of any recommendation having been received prior to that petitioner was not entitled to seek retrospective effect of his out of turn promotion from 16.03.1998. 2. Respondents have filed objections contesting the petition on the ground that petitioner's case for out of turn promotion on operational grounds was not recommended formally to PHQ by ADGP, CID - J&K which is a prerequisite and necessity for such promotion. However, he was later recommended by ADGP CID, Jammu and Kashmir vide communication dated 25.08.2000 for out of turn promotion as Assistant Sub Inspector on operational grounds. 3. With the consent of learned counsel for the parties, the petition is formally admitted to hearing and taken up for final consideration. 4. It is not disputed that the petitioner has done a commendable work during anti militancy operations and his work has been appreciated by one and all. 3. With the consent of learned counsel for the parties, the petition is formally admitted to hearing and taken up for final consideration. 4. It is not disputed that the petitioner has done a commendable work during anti militancy operations and his work has been appreciated by one and all. Various commendation certificates issued by the Commanding Officers of the Army units operating in Karnah Sector and the officers at the helm in higher echelons of Police Department bear testimony to the same. It is also not disputed that the petitioner has been awarded cash reward besides Commendation certificate from the then ADGP CID. The copies of commendation certificates and appreciation letters forming annexures to the petition bear it out that the petitioner besides providing valuable information to security forces leading to huge recovery of arms and ammunition, assisted the security forces in apprehension of militants. It is in recognition of outstanding services rendered by petitioner that in terms of order No.3976 of 2000 dated 05.12.2000, respondent no.2 ordered his out of turn promotion to the rank of Assistant Sub Inspector with immediate effect. The short question for consideration is whether the petitioner deserved to be given out of turn promotion retrospectively with effect from 16.03.1998. 5. Petitioner's claim for giving retrospective effect to his out of turn promotion is based on a communication of Senior Superintendent of Police (SSP) CID, CI- Kashmir dated 16.03.1998 forming Annexure-B to the petition in terms whereof Senior Superintendent of Police(SSP) -CID CI-Kashmir recommended the case of petitioner for out of turn promotion to the next higher rank on the ground that the petitioner has provided valuable information while posted in militancy affected area of Kupwara which led to successful raids by security forces. Learned counsel for petitioner submits that the recommendation made by Senior Superintendent of Police(SSP)-CID, CI-Kashmir was further endorsed by ADGP -- (CID), Jammu and Kashmir in terms of his recommendation dated 25.08.2000, which finally led to passing of the order of out of turn promotion of petitioner by respondent no.2. It is submitted that since the order of promotion was made in recognition of outstanding performance of petitioner in collection and dissemination of information on anti militancy front, the same was required to be given effect to at least from the date, recommendation was made by Senior Superintendent of Police(SSP)-CID, CI-Kashmir, i.e. 16.3.1998. 6. It is submitted that since the order of promotion was made in recognition of outstanding performance of petitioner in collection and dissemination of information on anti militancy front, the same was required to be given effect to at least from the date, recommendation was made by Senior Superintendent of Police(SSP)-CID, CI-Kashmir, i.e. 16.3.1998. 6. Per contra, learned AAG submits that out of turn promotion order of petitioner was passed after according due consideration by respondent no.2 to the recommendation made by ADGP(CID), Jammu and Kashmir within reasonable time and petitioner could not base his claim for retrospective effect being given to his out of turn promotion on the basis of recommendation made by Senior Superintendent of Police(SSP) -- CID, CI-Kashmir. It is further pointed out by learned AAG that the petitioner filed representation for giving retrospective effect to his out of turn promotion on 20.09.2003, in terms of his representation copy whereof forms Annexure-E to the petition, which clearly demonstrates that he had no grievance on this count and raked up the issue after considerable delay of three years. 7. After hearing learned counsel for the parties at length, I find that the petitioner has no cause to be aggrieved of the prospective effect of his out of turn promotion order which has been passed by respondent no.1 within four months of the recommendation made by ADGP CID, Jammu and Kashmir. The mere fact that it was Senior Superintendent of Police(SSP)-CID, CI-Kashmir, who initially recommended the case of petitioner for out of turn promotion in terms of Citation No.1/1998 dated 16.03.1998 does not confer any right on the petitioner to lay a claim to his accelerated promotion from the date of Citation. It is true that Senior Superintendent of Police(SSP) having direct command and control over petitioner had the opportunity and occasion to observe the performance of petitioner during the period of anti militancy operations and it was on the basis of exceptional performance that he could have made a recommendation for out of turn promotion of petitioner. Adverting to the recommendation of Senior Superintendent of Police(SSP)-CID CI-Kashmir, it appears that he has recommended the out of turn promotion of petitioner on the basis of valuable information provided by petitioner which led to successful raids by security forces. He has quoted no specific instance. Adverting to the recommendation of Senior Superintendent of Police(SSP)-CID CI-Kashmir, it appears that he has recommended the out of turn promotion of petitioner on the basis of valuable information provided by petitioner which led to successful raids by security forces. He has quoted no specific instance. It is undeniable that the petitioner, being posted as Head Constable in CID CI-Kashmir Wing in the sensitive and militancy affected areas of Kupwara was assigned the job of collection of information in regard to presence, movement and hideouts of militants. As a Police Officer, petitioner was expected to discharge his duty efficiently and with dedication. That being the normal duty of a Police Officer could not be considered to be an exceptional performance. In absence of any specific instance in the recommendation letter of Senior Superintendent of Police(SSP)-CID, CI-Kashmir dated 16.03.1998, it cannot be said that the performance of petitioner was of exceptional nature. May be the information provided by him led to successful raids resulting in busting of hideouts of militants, recovery of arms and ammunition and apprehension of militants. Senior Superintendent of Police(SSP) has not quoted any specific instances to demonstrate that the petitioner had collected valuable information in regard to activity of militants, braving hazards and displaying exemplary courage which ultimately prevented a colossal loss of life and averted a tragedy of great magnitude. In absence of the specific instances of exceptional performance, case of out of turn promotion of petitioner on operational grounds was not formally recommended to PHQ. It is subsequently on the basis of assessment of performance of petitioner on the basis of materials provided and brought to the notice of ADGP CID, Kashmir that ADGP CID, Jammu and Kashmir subsequently, in terms of his communication dated 25.08.2000, recommended out of turn promotion in favour of petitioner as ASI on operational grounds. Thus, petitioner could not base his claim on the recommendation of SSP CID CI-Kashmir which did not record any event of his exceptional performance. It is significant to note that the petitioner himself did not rake up the issue of giving retrospective effect to his out of turn promotion for a pretty long period of three years before filing of writ petition. This fact was noticed by this Court while disposing of SWP No.980 of 2004. 8. Viewed thus, petitioner has no cause for being aggrieved. This fact was noticed by this Court while disposing of SWP No.980 of 2004. 8. Viewed thus, petitioner has no cause for being aggrieved. He should feel satisfied that his outstanding performance has been recognized and for such outstanding performance, he has been considerably rewarded by being promoted out of turn. Reliance on the judgment of Hon'ble Apex Court rendered in "Mohammad Aftab Mir v. State of J&K and ors." reported in 2011 (2) JKJ 1 (SC) is misplaced as the said ruling has no application in the facts and circumstances of instant case. There being no merit in the petition, the same is dismissed.