Two Cases: ‘Govt Supports One, Opposes Other’

Srinagar: Accusing Government of double standards, a retired officer Monday said that the State Government wasted no time in implementing the court orders with regard to former counter insurgent cop Ashiq Bukhari but in his case the government preferred to approach the Supreme Court to deprive him of monetary benefits.

Khazir Mohammad Dar, a retired Tehsildar has sought intervention of Prime Minister Narendra Modi in getting the state government to implement orders of the High Court. “I was forced to write to the Prime Minister as I have lost faith in the state government. I am hopeful that he (PM) will intervene in my case as the state Law Department, headed by Basharat Bukhari, has adopted blatant double standards in implementing orders of the High Court in two identical cases,” Dar said told CNS.

In his letter to Modi, Dar has invoked the Prime Minister’s ‘Sabka Nyay’ (justice for everyone) phrase he used in his address on the Legal Services Day on November 9.

“It was an inspiring speech that you made on the Legal Services Day…’Sabka Nyay’, as you put it Sir that day, has been eluding me for more than a decade,” the retired Tehsildar wrote in his three-page letter.

 “While it is the right of the State Government to explore all legal options, what I fail to understand are the double standards adopted by the State Government in case of induction into the Indian Police Service (IPS) Cadre of Ashiq Bukhari,” Dar said in his letter to the Prime Minister.

Dar claims that the monetary benefits due to him were less than half what the state government will have to give out to Ashiq Bukhari.

Dar pointed out that the only reason he could see for implementing orders in respect of Ashiq Bukhari and appealing in Supreme Court against orders favouring him was the close relation the former police officer had with the current Law Minister.

A Division Bench on October 26, 2015 directed the state government to consider the seniority of Bukhari for induction into the IPS from the date he was given charge as Superintendent of Police. The state government has already set in motion the process of his induction into IPS.

Dar had joined as a Forest Prosecuting Ranger in Forest Department in 1969 before joining as Naib Tehsildar in 1973. After representations to the government failed to yield any results, he approached the court.

The High Court passed an order in Dar’s favour in March 2012, directing the state government to give monetary benefits due to him in view of his services rendered in the forest department.

The government took no action on the court orders for one year after which the retired employee filed a contempt petition.

In December 2014, after a gap of two years and seven months, the state government decided to file an LPA against the 2012 order and also sought condonation of the delay.

However, the Division Bench in May this year dismissed the application observing “no sufficient cause is given to condone a huge delay of 2 years and 216 days”.

 While Dar retired from service in 2003 and has been seeking justice for more than 12 years now, Bukhari retired from Service last year and had filed his application in 2013. CNS

 

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