Jammu & Kashmir High Court
Showkat Hussain And Anr vs Kulvinder Dev And Ors on 8 February, 2023
Bench: Sanjeev Kumar, Puneet Gupta
Sr.No. 14
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
LPASW No. 162/2016
IA No. 1/2016
In
LPASW No. 68/2016
IA No. 1/2016.
Showkat Hussain and anr. ..... Applicant/Petitioner(s)
Through: Mr. Y.E Tak, Advocate and
Mr. Vidhyansh Gupta, Advocate
Vs
Kulvinder Dev and ors. ..... Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG
Mr. Ajay Abrol, Advocate
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
08.02.2023
1. These two appeals by four appellants are directed against the judgment dated 10.02.2015 passed by learned Single Judge (for short "the Writ Court") in SWP No. 2830/2010 in compliance whereof, the appellants who were appointed as Sub-Inspectors in Armed Wing of J&K have been sought to be ousted from service. The impugned judgment of the writ Court is assailed on various grounds. However, before adverting to the grounds of challenge urged by the appellants in these appeals and having regard to the fact that the appellants as well as private respondent have been continuing as Sub-Inspector in the J&K Armed Police for the last seven years, we directed Ms. Monika Kohli, learned Sr. AAG to seek instructions in the matter so that the dispute raised in these appeals is amicably settled. 2 LPASW No. 162/2016
2. In response to our suggestion, Ms. Monika Kohli, learned Sr. AAG has come up with the written instructions from the office of Director General of Police conveyed to her vide letter No. Legal/SWP- 147/J/2016/7476-78 dated 07.02.2023 copy whereof was passed on to this Court and was taken on record. For facility of reference, the annexure with the letter bearing No. U.O. No. Pers-M-417/2016/6448 dated 17.02.2023 is reproduced hereunder:-
"Please refer to your office U O No. Legal/SWP- 146/J/2016/6174 datd 04.02.2023, regarding the subject captioned above.
In this regard, it is to inform that since, the following four Sub-Inspectors (Petitioners) and the Respondent namely SI Kulvinder Dev are continuing in the Police Department since-2010-11 and 2016 respectively. These Sis have remained deployed at sensitive places like Counter Insurgency Operations, Law & Order duties etc and are currently holding the important assignments as mentioned against each and are familiar to every work of Police Department. Moreover, these Sub-Inspectors have been put through various training courses including Basic Recruitment Training Course, on which huge amount of expenditure has incurred"
(Petitioners) i. SI Showkat Hussain Mir (PID No. ARP-115520) S/o Ab.
Gaffar Mir R/o Kanji Kulla Distt. Kulgam (presently deployed at CID Hqrs) ii. SI Zahoor Ahmad Bhat (PID No. ARP-115565) S/o Mushtaq Ahmad Bhat R/o Taper Bla Distt. Baramulla (presently deployed at CID Hqrs) iii. SI Zahoor Hussain Mir (PID No. ARP-119925) S/o Habibullah Mir R/o Panzgam, Mir Mohalla Kupwara (presently posted at PHQ) iv. SI Rajeev Kumar Sharma (PID No. ARP-127872) S/o Jagdish Raj Sharma R/o Sungal Pouni Reasi (presently on deputation with NIA) (Respondent) 3 LPASW No. 162/2016 i. Kulvinder Dev (PID No. ARP-165749) presently posted at IRP 18th Bn Moreover, there are adequate vacancies available in the Department against which these Sis can be accommodated...............
3. From the letter dated 07.02.2023 reproduced above, it is abundantly clear that the respondent-Police, for the reasons given, is not in a position to dispense with the service of the appellants even if they fail in the appeal. The office of Director General of Police has expressed his difficulty in giving effect to the judgment passed by the learned Single Judge of this Court due to efflux of time and subsequent developments.
4. We have considered the submissions of respondents and having regard to the fact that the appellants are continuing in the police department since 2010-11 whereas the respondent-Kulvinder Dev is working as SI from the year, 2016 having been appointed in compliance to the judgment passed by the Single Judge impugned in these appeals as also, as is reported, the appellants as well as private respondent-Kulvinder Dev have undergone various police training courses and have remained deployed at sensitive places like Counter Insurgency Operations, Law & Order duties etc. and, therefore, it would be in the interest of justice not to disturb any of them. Otherwise also, the adequate number of vacancies, to accommodate the appellants as well as private respondent are available with the 4 LPASW No. 162/2016 department of police and, therefore, there would be no difficulty in accommodating both the sides.
5. For the aforesaid reasons and without going into the merits, both the appeals are settled by providing that appointments of the appellants as also the private respondent-Kulvinder Dev are held valid in law and they shall continue in the police department as Sub- Inspectors notwithstanding anything contrary contained or said in the judgment of the learned Single Judge.
6. Disposed of accordingly.
(Puneet Gupta) (Sanjeev Kumar)
Judge Judge
Jammu
08.02.2023
Tarun