OMKAR NATH Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner in the present writ petition under Article 226 of the constitution of India read with section 103 of the State Constitution is aggrieved by order No. 280 of 1978 dated April 24, 1978 passed by respondent No. 1 and also order No. 100 of 1978 dated February 21, 1978, whereby respondents 5 to 13 have been brought on the list of Senior Prosecuting Officers and respondent Nos. 5 and 6 have been promoted on the said posts. The petitioner, therefore, prays for the quashing of the above said orders with a further directions to the respondents 1 to 4 and 14 commanding them to promote the petitioner on the post of Senior prosecuting Officer.

(2.) THE resume of the facts will show that the petitioner was appointed as Assistant police prosecuting Officer on May 1, 1962 and being a law graduate was promoted as P P.O. on May 9, 1962 and was confirmed on the said post with effect from April 28, 1965, which fact is not denied by the respondents. It is alleged by the petitioner that though he was entitled to be promoted to the post of Senior prosecuting Officer (S.P.O.), he was ignored for a number of years despite holding the requisite qualifications, eligibility, etc. for the same. He is duly qualified as police prosecutor from Police Training School, Phillore in the year 1965 and was certified to be highly proficient in criminal law obtaining more than 60 per cent marks in the examination.

(3.) IT is alleged by the petitioner that respondent No. 1 constituted a Departmental promotion committee consisting of himself as Chairman and respondents 2 to 4 as members. The petitioner appeared before the D.P.C. as was prescribed and was also interviewed. The respondents 1 to 4 did not include the name of the petitioner in the select list. An allegation is, therefore, made that he was ignored by the D.P.C. to bring him on the select list for the promotion on the post of S.P.O. hence this writ petition challenging the said list as well as the appointments of respondents 5 and 6 being violative of Rule 812 (4) of the J&K. Police Service Rules framed under the Police Act. About respondent No. 5, it is stated that the written test was held by the D.P.C. on January 28, 1978, in which respondent No. 5 did not appear and even then he has been promoted and appointed. Violation of General Department Notification No. 37 -GR of 1970 dated April, 28, 1970 is also alleged, which notifies the J&K Scheduled Caste and Backward Class Rules, 1970. It is pointed out that the petitioner belong to Ramdassia Caste of the Scheduled Caste & Rule 19 of the J&K Scheduled Caste & Backward Class (Reservation) Rules, 1970 provides that 8 percent of the vacancies shall be reserved for the members belonging to the Scheduled Castes for each service, class, category & grade in the services and posts under the State.