MOHD ABDULLAH LONE Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER appointee of June, 1983, as Chowkidar in Vigilance Organisation of the state has petitioned that despite merit, seniority and recommendations of his immediate officers, he is not being promoted as a Constable.

(2.) DEPUTED on official assignments from time to time out of the state between 1983 and 1992, he earned commendation certificates and cash rewards (Annexure B to E). His case along with another person was referred for promotion as Constable Vigilance. On consideration, Commissioner of Vigilance, respondent No. 3, referred the matter to Respondent 2 and 1, as early as in April, 1986. The respondents 1 and 2, on their part asked Respondent No. 4, Superintendent of Police, Vigilance organisation, Kashmir to take height/chest measurement of the petitioner and another person Abdul Majid Sheikh by name. The matter was again referred after required process to respondent No. 3 -Commissioner, Vigilance Organisation, Kashmir, J&K, who now instead of recommending the case of the petitioner for promotion, demoted him in the sense that he took steps to re -designate him as Safaiwala. Not only so, he attempted to coerce him to accept the assignment, which he refused and it lead to his transfer to Engineering Wing of Vigilance Organisation Kashmir at Srinagar. He was forced to vacate the residential allotment.

(3.) PETITIONER , represented against the actions and the Respondents 1 and 2 vide Annexure K and L, asked the Commissioner. Vigilance J&K (Respondent No. 3) to forward his views on the question of conversion of class IV staff to that of Constables and the representation made by the petitioner in this behalf. Not - withstanding the representations, the Commissioner, Vigilance has not moved in the matter and has not even responded to the communications despite lapse of over last six years.