Ms. Shakti Devi vs State Of Jammu & Kashmir & Anr.

Per:- B. Anand, Administrative Member

The brief facts of the case are that the applicant who is a Sub-Inspector in the Jammu & Kashmir Police is consistently having an exemplary track record having secured first position in ‘Outdoor Best Cadet’ after completion of Basic Training Course at Sher-i-Kashmir Police Academy (SKIMS) and since then throughout her career has won a lot of accolades for her outstanding performance including being awarded the United Nations Special Service Medal for service with the United Nations Integrated Mission and cash awards to the tune of Rs. 10,000/- along with commendation certificate Class-I awarded by the Director General of Police. In the interest of brevity, the details of other awards won by the applicant are not being repeated her as details of the same are available in the file.

Learned counsel for the applicant drew our attention to the Government Order No. Home-3(P) of 2000 dated 06.01.2000 and Government Order No. 559 (P) of 2007 dated 29.11.2007 which contains the procedure to be followed for granting ‘Out of Turn’ promotion in the Police Department.

It is the contention of the learned counsel that these procedures were not followed by the respondents before issuing the impugned order dated 22.03.2018, rejecting the case of the applicant for ‘Out of Turn’ promotion from the post of Inspector to Dy. Superintendent of Police. It will be useful to reproduce the contents of Government Order No. 559 (P) of 2007 dated 29.11.2007, which is as follows:-

It is the contention of the learned counsel that the respondents without adhering to the procedures contained in above Government Order have issued the impugned order No. PHQ Order No. 1339 of 2018 dated 22.03.2018, which has been passed by the Director General of Police, who is not the competent authority, as it is only the Hon’ble Chief Minister who is the competent authority for passing the final orders in the matter of ‘Out of Turn’ promotion from the rank of Inspector to Dy. Superintendent of Police based on the recommendations of the Director General of Police. The Selection Committee headed by Chief Secretary with Director General of Police and Home Secretary as Members scrutinize the requisite documents of the eligible candidates and submit their recommendations to the Hon’ble Chief Minister, who is the competent authority for granting approval on the recommendation of the aforesaid Selection Committee.

Vehemently, opposing the contention of learned counsel for the applicant, the respondents’ counsel states that it is Rule No. 400 of the Jammu & Kashmir Police Manual, which is only statutory rule providing for ‘Out of Turn’ promotion which envisages that such ‘Out of Turn’ promotion shall be granted only to the Police Official of a rank of Constable or Head Constable (Senior Grade) who is awarded President’s or Police Medal and the rules and procedures contained in the Government Order No. 559 (P) of 2007 dated 29.11.2007 are not statutory in nature, and therefore, that cannot be considered for grant of ‘Out of Turn’ promotion. The respondents also state that duties performed by the applicant as mentioned by her leading her to winning awards is only part and parcel of the policing, as provided under the Police Rules, 1960 and cannot be treated on the same pedestal or at par with the combat operations on anti-militancy front, and therefore, the applicant does not fulfil the basic eligibly criteria laid down for considering ‘Out of Turn’ promotion in the Police Department. The applicant has been encouraged from time to time with commendation certificates and cash rewards, however, these certificates and rewards do not per-se confer any right on the applicant for ‘Out of Turn’ promotion, which has only to be considered for consistent exceptional performance on the anti-militancy front for which the necessary recommendations have to be made by the DGP J&K indicating, inter-alia cogent reasons for accord of consideration of such recommendations.

The respondents counsel further submitted that the principles for considering ‘Out of Turn’ promotions were initially contained in GAD Circular No. 14-GR of 1990 dated 06.03.1990, which was elaborated by the issuance of Government Order No. 3(P) of 2000 dated 06.01.2000 read with Government Order No. 559 (P) of 2007 dated 07.11.2007 and these rules framed for ‘Out of Turn’ promotion of several ranks in the Police Department other than Constable and Head Constable were issued keeping in mind the peculiar situation that is prevailing in the State of Jammu & Kashmir due to terrorism.

Heard the learned counsels for the parties and perused the records.

Having heard learned counsels for both the parties, we come to the conclusion that both the Government Orders only speak about granting approval in a positive sense to the exceptional and outstanding officials for grant of ‘Out of Turn’ promotion by the competent authority who is the Hon’ble Chief Minister, who will have to exercise his powers based on the recommendations of the Selection Committee comprising of the Chief Secretary as its Chairman and Home Secretary and DGP as its members.

It appears that the respondents have taken the view that only such of those cases, which in their judgement merit consideration and final grant of ‘Out of Turn’ promotion is to be submitted to the competent authority (Hon’ble Chief Minister) and not so worthy candidates who do not deserve ‘Out of Turn’ promotion need not be placed before the competent authority. However, a careful reading of the above two Government Orders makes it quite clear that the procedure is only for granting approval for ‘Out of Turn’ promotion and not for rejecting ‘Out of Turn’ promotion to undeserving candidates. Therefore, if it is the view of the respondents that the higher executive authority of the State i.e. Hon’ble Chief Minister need not be troubled with taking a decision whether to grant ‘Out of Turn’ promotion or not, then it should be clearly laid down in the same procedure that for rejecting claims of those candidates who do not deserve consideration for ‘Out of Turn’ promotion, it can even be done by the officialdom itself, at the appropriate level.

Be that as it may be, the extant rules contained in the two Government Orders clearly state that the Director General of Police is not the competent authority for grant of ‘Out of Turn’ promotion, therefore, he could not be treated as competent authority for rejecting the candidature of the applicant. The DGP ought to have placed the case of the applicant before the competent authority (Hon’ble Chief Minister) for his/her final decision. Therefore, we allow this Transferred Application and grant the prayer of the applicant and quash the PHQ Order No. 1339 of 2018 dated 22.03.2018 passed by the DGP, whereby the case of the applicant for grant of ‘Out of Turn’ promotion from the post of Inspector to Dy. Superintendent of Police has been rejected. It is also directed that the respondents should consider the case of the applicant for grant of ‘Out of Turn’ promotion based on her track record. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

No order as to costs.