MOHD HUSSAIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was appointed as constable in the respondent -Department. He came to be absorbed in the Photography cadre vide PHQ order No. 65/1991 dated 31 -1 -1991. In terms of order No. 32 of 1991 dated 12 -3 -1991, petitioner was adjusted in District Photo Section Kargil. He stood relieved by S.P. Kargil on 17 -3 -1992, i.e. after a gape of more than one year and joined in the Photo Section Kargil. He along with other constables was promoted as SGC by DIGP, Kashmir w.e.f. 1 -1 -1992 vide order No. 328 of 1992 dated 25 -5 -1992. His promotion order was subsequently cancelled by the DIG Kashmir vide order No. 9/1994 dated 6 -1 -1994. Feeling aggrieved of the order dated 6 -1 -1994, petitioner submitted an application requesting therein that he may be deemed to have been promoted as SGC in the Photography cadre. His case was recommended by SP Crimes to IGP Crime/Railway and Modernization, J&K Srinagar, with the request that the petitioner be deemed to have been inducted in Photo cadre as SGC w.e.f. -1 -3 -1992 i.e. the date of his joining in Photography wing. Instead of accepting the recommendations, the IGP Kashmir in terms of order No. 2620 of 1994 dated 26 -12 -1994 cancelled the promotion of the petitioner.

(2.) RESPONDENTS have resisted the claim of the petitioner on various grounds taken therein. The main ground of attack in the reply is that the petitioners lien was shifted vide order No. 65/1991 dated 31 -1 -l99l and at the time of passing of the promotion order, the petitioner was not in the executive police and had joined in the Photography cadre and his lien had also come to an end.

(3.) HEARD learned counsel for the parties and considered the matter. The grievance of the petitioner in nutshell is that in terms of order No. 65 of 1991 dated 31 -1 -1991, he came to be absorbed in the Photo cadre as constable. His lien had to come to an end on the date when he actually joined in the Photography cadre. Petitioner in terms of the said order came to be relieved by SP Kargil on 17 -3 -1992 itself and joined in District Photo Section, Kargil on 17 -3 -1992. The promotion order dated 25 -5 -1992 had taken effect from 1 -1 -1992 when he was working as Constable, Kashmir Range, and was rightly considered for promotion and accordingly order dated 25 -5 -1992 came to be passed. But without any enquiry and hearing the petitioner, the said order of promotion came to be cancelled/revoked. Thus the order dated 26 -12 -1994 being violative of principles of natural justice merits to be quashed.