SRINAGAR: Dismissing the petition of a rival claimant, the High Court on Wednesday upheld the appointment of Shesh Paul Vaid as Director General of Police (DGP), J&K.
Former J&K Director General of Prisons SK Mishra had filed a petition in the High Court through his counsels Ajaz Ahmad and Shuja-ul-Haq challenging the appointment of SP Vaid as DGP in 2017. Mishra’s counsels said that the appointment of Vaid was in violation of Business Rules and the state cabinet at the time of appointment did not take merit into consideration.
Advocate Ajaz had submitted before court that as per the guidelines of Supreme Court, among three senior officers, the most meritorious and competent is to be selected for the post of DGP.
“The guidelines have not been followed while making the appointment and the cabinet took it as non-agenda item. Mishra’s merit and his seniority were neither considered nor discussed,” Ajaz had said.
Additional Advocate General BA Dar argued before the court that the appointment of SP Vaid was done as per merit and on the basis of records available with the cabinet.
A division bench of Justice Ali Mohammad Magrey and Justice MK Hanjura announced the verdict after hearing both the parties through their counsels. The court upheld the judgement of the Central Administrative Tribunal (CAT) Chandigarh dated September 21, 2017, saying that the CAT had taken an overall view of the matter and determined that all important issues pleaded and urged by the petitioner had already been considered and decided by the competent authority in the right perspective.
“Therefore, there are no reasons, much less cogent, to interfere in the selection and appointment of SP Vaid as DGP, J&K State, in the obtaining circumstances of the case. The CAT, Chandigarh, further held that in the light of the aforesaid pragmatic reasons, there is no merit in the petition, which entails dismissal and is, accordingly, dismissed,” the court said today.
The court further said, “The selection/appointment of SP Vaid as DGP was taken by the State Cabinet after considering the entire service record, merit, eligibility, suitability and qualification of the persons/candidates falling in the zone of consideration and this decision is based on the subjective satisfaction of the State Cabinet, which, in its wisdom, after taking all the relevant factors into consideration, found the respondent No. 4 to be the most suitable person for the post of DGP. The factors which weighed with the State Cabinet while according consideration to the selection/appointment of DGP cannot be questioned as it is not a matter that falls within the domain of any other authority and to probe into the suitability of the selection/appointment of a person as DGP. The State Cabinet and the State Government has the power to take a call in such a matter.”