ZULFIQAR AHMAD Vs. S C BALI

JUDGEMENT

(1.) THIS judgment will dispose of:

(2.) RESPONDENT No. 1 in all the aforesaid appeals Shri S. C. Bali, filed writ petition No. 102 of 1973 seeking quashing of Government Order Nos. 178 of 1972 dated 1 -4 -1972 and 179 of 1972 dated 1 -4 -1972. By virtue of Government Order No. 178 of 1972, referred to above, M/s Abdul Khaliq Saraf, Moti Lal Pandit, T. N. Koul, Zulfiqar Ahmad, G. L. Kaul, P. N. Sachdev, Sudesh Kumar Nanda, Amar Singh and Subash Chander were brought on the list for promotion to the post of Senior Prosecuting Officers. Vide Government Order No. 179 of 1972, the following Police Prosecuting Officers, whose names had been brought on the promotion list vide Order No. 178 of 1972 earlier, were promoted as officiating Senior Prosecuting Officers:

(3.) RESPONDENT No. 1 Shri S. C. Bali, who is a law graduate and had joined the department on 25th of November, 1964, as an Assistant Police Prosecutor was aggrieved against the Order No. 179 of 1972, whereby the aforesaid five officers were promoted as officiating Senior Prosecuting Officers and he was not so promoted. He challenged their promotion as well as his own non -promotion by means of writ petition No. 102 of 1973. According to Shri Bali, after his appointment as a Police Prosecuting Officer, he was deputed for undertaking Prosecutors Training Course at the Police Training School, Phillore (Punjab). He completed the training in the year 1968 -69 with credit, securing more than 80% marks. Relying on rule 812 (4) of the Jammu and Kashmir Police Rules (hereinafter called the Police Rules) which provides that to be promoted as a Senior Prosecutor a Police Prosecutor must pass the Police Prosecutors Examination with credit, Shri Bali challenged the promotion of M/s Abdul Khaliq Saraf, T. N. Kaul, Zulfiqar Ahmad and Amar Singh as officiating Senior Prosecuting Officers as well as their being brought on the promotion list vide Government Order No. 178 (Supra). According to him the aforesaid four persons could not be brought on the promotion list as they did not possess the requisite qualifications having not passed the Police Prosecutors Examination with credit.