NOOR-UL Vs. STATE TH. HOME DEPARTMENT

JUDGEMENT

(1.) Short grievance projected by the petitioner in this writ petition is that the petitioner after competing and qualifying the J&K Combined Competitive Examination 2005 came to be appointed as Dy. Superintendent of Police vide Government Order No. 429-GAD of 2008 dtd. 3/4/2008. The petitioner claims that while he was performing his duties as Dy. Superintendent of Police, he came to be wrongly and falsely implicated in FIR No. 361/2012. The said FIR was investigated by the Police which found the petitioner, prima facie involved in the commission of offences under sec. 304-II RPC. Consequently, the Government of Jammu and Kashmir (Home Department) vide Notification SRO 331 of 2016 dtd. 13/10/2016 accorded sanction for prosecution of the petitioner for the commission of the aforesaid offences.

(2.) The order of sanction dtd. 13/10/2016 was challenged by the petitioner in OWP No. 1274/2016, which was decided by the Single Bench of this Court vide its judgment dtd. 26/7/2017 with the observation that the issue with regard to the validity of sanction shall be questioned by the petitioner before the trial court at the appropriate stage.

(3.) Feeling aggrieved, the petitioner challenged the judgment passed by the Single Bench before the Division Bench in LPAOW No. 78/2017, wherein the Division Bench of this Court vide its order dtd. 17/8/2017 stayed the operation and effect of the order granting sanction till next date of hearing. The petitioner, therefore, submits that because of the intervention made by the Division Bench of this Court, the respondents have not been able to produce the challan before the Court of law. The appeal filed by the petitioner is sub judice before this Court and has not been decided so far. It is stated by the learned senior counsel for the petitioner that keeping in view some seniority dispute in the cadre of Dy. S. P. and with a view to providing financial up-gradation by grant of Non-functional promotions to the stagnating Dy. Superintendents of Police and the members of the J&K Police (Gazetted) service the Government has promulgated SRO 215 of 2018 dtd. 18/5/2018 providing for Non-functional (Monetary) Scheme, also known as NFS, for short. The petitioner submits that in terms of the aforesaid scheme, the petitioner having rendered more than ten years service in the junior scale of JKPS, has become eligible for placement in the Time Scale (Non-functional) of Rs.15,600.0039,100/- with Grade Pay of Rs.6600.00 (pre-revised), subject to the assessment to be by the selection committee.