Jammu & Kashmir High Court
Abdul Ahad Jan vs State Of J&K & Ors on 13 August, 2007
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR SWP No. 100 of 2000 Abdul Ahad Jan petitioner State of J&K & Ors. respondent !Mr.S.T.Hussain, Advocate ^None. HON'BLE MR. JUSTICE HAKIM IMTIYAZ HUSSAIN Date: 13/08/2007 : J U D G M E N T :
Petitioner Abdul Ahad Jan Constable No. 251/S-250/GRP is working in the State Police Department as Head Constable. He alleges that on 24.1.1992, when a Bomb blast took place in the office of Director General of Police, Srinagar, he did commendable job, at the risk of his own life, in evacuating causalities resulted due to the bomb blast and also saved life of the then Director General of Police and D. G. CRPF. He submits that in view of his extra-ordinary performance, the Additional Director General of Police CID recommended to the DGP out of turn double rank promotion in his favour. No action was, however, taken on the recommendation due to which he had to file writ petition No. 3803/97 in which the Court on 19.8.1998 passed the following order:-
" This writ petition is accordingly disposed off with the direction that the respondent authorities would look into the order if any available in the file said to have been passed on 7.12.1995. If that order still holds the field and is otherwise legally enforceable, then effect be given to the same. If effect cannot be given, then some communication be addressed to the petitioner and in that eventuality the petitioner would be within his rights to approach this court again."
Later in an contempt petition No. 407/98 the Court again directed as under:-
"This petition is accordingly disposed off with the direction that the respondent authorities would look into the order, if any available in the file said to have passed on 7.12.1995. If that order still holds the field and is otherwise legally enforceable, then effect be given to the same. If effect cannot be given, then some communication be addressed to the petitioner and in that eventuality, the petitioner would be within his rights to approach this court again."
The matter was examined and considered by the Director General of Police who by means of order No. 101 of 1999 dated 8.1.1999 found that the claim of the petitioner for promotion as ASI on the basis of recommendatory letters from the then Additional DGP CID was without any justification in light of the fact that the letter was forged one. The Director General of Police accordingly rejected the claim of the petitioner for out of turn promotion.
Feeling aggrieved the petitioner has through the medium of the present petition challenged the order of Director General of Police No. 101/99 dated 8.1.1999 on various grounds inter-alia that the respondents have not properly considered the case of the petitioner and have not provided any opportunity of being heard to him.
When the case was presented before this Court and the case was taken up for consideration on 3.2.2000, the Court admitted the petition and directed the Additional Chief Secretary Home Government of J&K to himself enquire into the matter. Principle Secretary Home, J&K has in compliance to the directions of this Court conducted an enquiry in the matter but found that the claim of the petitioner for double rank out of turn promotion is not genuine.
Petitioner has objected to the enquiry report and has in the objections filed to it, stated that the enquiry has been conducted without affording the petitioner an opportunity of hearing.
The petitioner's case as projected in the present petition is that the Additional Director General of Police had recommended his out of turn double promotion but the matter has not been properly considered by the respondents.
The petition has been resisted by the respondents who have in the reply stated that the recommendations are not genuine and that the petitioner has not performed any extra-ordinary work which entitle him out of turn promotion.
Heard. I have considered the matter.
Director General of Police has while considering the case of the petitioner found that the claim made by the petitioner is not genuine. The claim has been rejected vide order No. 101/99 dated 8.1.1999 which is impugned in the present petition. The Director General of Police has in the report stated that the petitioner produced a large number of recommendatory slips and chits, the veracity of which have been verified through Dy. S.P. Training, PHQ and it has found that :-
"a/ An application from HC Abdul Ahad to SSP Srinagar seeking permission for appearing before the DGP for representing his case. The note bears the endorsement, "DGP-Sir, consider the case Genuinly-please- regarding his couragus work in PHQ 1992 permitted"
Raja Ejaz Ali, SSP Srinagar, has clarified that he had only written"Permitted". Rest of the words were nsot entered by him. b/ A hand-written note from shri S.P. Vaid, the then AIG( P) PHQ purportedly marked to Shri V. Aivalli, ADG CID vide " file No. PHQ/027/92/Camp/R dated 7.12.1995" mentions " Regarding pay fixation. Till orders are issued by the PHQ he may be allowed to continue to work as Sub-Inspector. It has also been recommend by ADG, CID in 1992 in r/o SI Abdul Ahad"
Shri S.P. Vaid, now DIG Baramulla, has verified that the note alongiwth the marginal notings indicated n para 5 above do not bear his hand-writing endorsement or signatures. Further if the note was dated 7.12.1995 , it couldnot have been marked to Shri V. Aivlli as ADG CID, since at this point of time, the CID was under the charge of an IGP and Shri V. Aivalli was posted as ADG Prisons/Fire Services.
c/ A slip from Shri G.J. Pandit, retired DGP J&K, to IGP Headquarters as follows, " with thanks please-Dear Sharma Shab, IG ( Admn) PHQ."
Shri G. J. Pandit has categorically pointed out that this is a forgery. d/ A letter from Hon'ble Finance Minister vide his letter No. 552/PS/FM/98 dated 31.7.1998 containing following type written script. "
The promotion case of Shri Abdul Ahad ( r/o Ajas, Uri ASI NO. 250 Crime) is reported to be pending with the IG ( Hq) office. This may kindly be looked into and expedited." To this note, the following had been added in hand-written script please do immediately and intimate me."
e/ Letter No. Cid/Estt/Camp office-Srinagar/96 224/Camp Sgr dt. 29/2/96 recommending fixation of pay of " Mr. Abdul Ahd No. 145-CID"
as ASI. The letter is signed by some one as "SSP CID ( SS) for Addl. DG( CID)" . On the date of issue of this letter ( 29.2.96) the CID was under the charge of an IGP and letters were issued by him or on his behalf.
The Director General has also gone through the service book of the petitioner which indicates that:-
a) He was appointed as guardsman in the Homeguards vide Commandant Homeguards Srinagar's Order No. 66 of 1974 dated 14.5.`1974.
b) He was appointed as Constable in District Police Srinagar vide SP Srinagar's order No. 1001/OB dated 4.9.1976.
c) He was promoted as SG Constable vide DIG Kashmir order No. 268 of 1990 dated 10.5.1990.
d) He was promoted as HC vide DIG Kashmir's order No. 564 of 1997 dated 19.12.197
e) He has received 10 major and I1 minor punishment during the course of service.
Whereas, the case of the HC has been examined in totality of the circumstances and records. His claim for promotion as ASI since 1992 on the basis of recommendatory letters from the then Addl DGP CID is without any justification in light of the letter being a forged one which is also brought out by his subsequent conduct in producing other letters/slips a few of which have been cited above. Even he has not been consistent in his representations as mentioned in para 7 when in two separate representations he has claimed for promotion as SI and ASI. Even if the main letter is accepted to be genuine, the grounds contained in it are general. They do not bring out the role of the HC in 'saving' the lives of the then DGP and other officers wh were injured in the bomb explosion in the office chamber of DGP on January 24, 1992. How he saved their lives on that day after they were injured in the explosion is not spelt out. Did he help their removal from the room to the vehicles? If so, this alone cannot justify out of turn promotion, that too by two ranks. His service record, as brought out earlier, is not blemishless either.
Hence there is no case for grant of out of turn promotion and consequential fixation of pay as the whole case is based on fabricated documents, and is bereft of any merit. As a matter of fact, the HC may even be liable for misleading the Hon'ble High Court.
As noticed above on the directions of this Court Principle Secretary Home has considered the matter and held an enquiry into the matter. He has almost come to the same conclusion and has found that the claim is neither genuine one nor justified. He has also gone through the documents produced by the petitioner. In para 9 of his report he states as under:-
" The copies of documents produced by Shri Abdul Ahad Jan in support of his claim were examined carefully and placed in perspective. While the Principal Secretary, Home was in the process of examining the records, Shri Abdul Ahad Jan, HC produced a copy of yet another letter purported to have been written by Shri Mushtaq Ahmad Kanu, the then SP Crime Branch, Srinagar addressed to the then SSP Crime Branch, Srinagar requesting the latter to take up the matter of out of turn promotion in favour of Shri Abdul Ahdd Jan with the DG Police. Copy of the letter is appended. Shri Mushtaq Ahmad Kanu SP, who is now posted as Deputy commandant, 8th Bn. JKAP was summoned and shown this letter. He denied having written this letter. Besides he mentioned that he was posted as Dy. SP Crime Branch, Srinagar in September, 1997 and not as SP Crime Branch. This letter has, therefore, turned out to be a forged document. A copy of Shri Kanu's statement is appended to this report."
The Principal Secretary has found as under:-
"Shri Abdul Ahad Jan had managed to have a news item broadcast on Radio Kashmir, Srinagar announcing out of turn promotion. As per enquiry report of the Crime Branch, Shri Ajit Singh, Senior Correspondant, AIR, Srinagar has informed that the news item was broadcast on certification by Shri Abdul Ahad Jan personally at Radio Kashmir, Srinagar. In any case a news item does not confer a right on the subject of the news.
As per records, Shri Abdul Ahad Jan, has started actively following his claim for double rank, out of turn promotion in the year 1997. No reason comes forth why he remained silent or inactive in the interregnum. If ADG CID had indeed recommended his case to the DGP and the latter had not approved this for some reason he should have agitated the matter right then. Apparently, Shri Jan has tried to take advantage of the demise of Shri Amar Kappor who expired in January 1995.
Shri A. A. Samoon, the then SP ( Hqrs) CID in the year 1993 has given a statement to the Inquiry Officer of the Crime Branch that late Shri Amar Kappor, the then Addl; DG CID had asked him to follow up the case of Shri Ab. Ahad Jan with PHQ for out-of- turn promotion. Shri Samoon mentioned on phone to Pr. Secretary, Home also of remembering to have been asked by the then ADG CID to follow a case concerning Shri Jan. He, however, had no knowledge of proposal having been sent to the PHQ in this connection.
It has further found by the Principal Secretary that there is no evidence of the notes/letters mentioned in para 3 ( i and ii) having either originated in the DG CID's office or having been received in the DGP's officer. The genuineness of these two documents on which the claim for out-of-turn promotion is based is not beyond doubt. These are apparently forged by or at the instance of the petitioner. Similarly, some of the other documentary proofs adduced by petitioner have been proved to be fake as is clear from paragraphs 9,10 and 11. He further stated that the claim of the petitioner for out-of-turn promotion, has been duly considered by the DG Police and rejected twice on merit. There is no justification for giving him double rank, out of turn promotion even if he was one of the several police officials who had helped the injured persons of the bomb blast incident to reach the vehicles for transportation to hospital. Any person present on the spot would have done the same thing.
I have gone through the report and I find the Principal Secretary has thoroughly examined the case and has come to a conclusion that there was no justification for out of turn promotion for double rank for the petitioner. He has thus agreed with the findings arrived at by the Director General of Police. In both the order impugned as well as the report of the principal Secretary Home. I find due application of mind and just and sufficient reasons have been given. I also find that the Principal Secretary while examining the matter has gone to all the aspects of the case and has properly appreciated the facts and circumstances of the case.
The grievance of the petitioner that he has not been heard by the Principal Secretary is not correct. On examining the report I find this ground cannot stand. The secretary has examined copies of all the documents produced by the petitioner which shows that the petitioner was given a chance to present his case before the Principal Secretary.
In the circumstances I do not find any ground is available to the petitioner to challenge the report. Accordingly I find there is no merit in the present petition which is hereby dismissed.
Srinagar 13.8.2007 (H. Imtiyaz Hussain) Judge Mujtaba *PS*