SRINAGAR The State government on Thursday transferred SP Vaid and ordered Dilbag Singh (DGP prisons) to hold charge of director general of police in addition to his duties.
The 1987-batch IPS officer, Dilbag Singh was asked to look after the charge of the post of DGP in additional to his duties till further orders, according to an order issued here by the states home department.
SP Vaid, the incumbent DGP has been transferred and his services were placed at the disposal of general administrative department for further posting.
Subsequently, GAD posted SP Vaid as Transport Commissioner, J&K, vice Saugat Biswas (IAS), with headquarters at Jammu. The post of Transport Commissioner shall be equivalent in status and responsibility to the post of DGP (Apex scale) in pursuance of Rule (13) of IPS (Pay) Rules, 2017, reads an order issued here.
Saugat Biswas (1AS) Transport Commissioner, J&K, holding additional charge of Secretary to the Government, Information Technology Department, has been transferred and posted as Special Secretary to the Government, Information Technology Department. He shall continue to hold the charge of Secretary to the Government, Information Technology Department in addition to his own duties, till further orders.
In May this year, the High Court had dismissed a plea, challenging appointment of S P Vaid as Director General of Police, observing that seniority was not the sole criterion for appointment of top police officer of the Jammu and Kashmir,.
The post of the Director General of Police is a selection post, the appointment to which is made amongst the officers holding the post of Director General of Police as is made abundantly clear by Note 2 attached to Sub-rule 2 to Rule 3. Even if, for the sake argument, it is assumed, but not conceded, that it is a promotional post, it has to be promotion by selection for which seniority is not the sole criterion, a division bench of had said while dismissing the petitioned filed by S K Mishra.
A senior Police officer, presently posted as chairman cum managing director Jammu and Kashmir Police Housing Corporation, Mishra had approached the High Court, had challenged Central Administrative Tribunal (CAT) order, dismissing his application against Vaids appointment as the top Police officer of the state.
The court also rejected Mishras contention that the agenda of the Cabinet to consider the selection and appointment to the post of Director General of Police (HoPF), J&K State, was not circulated to all the Ministers in advance and, therefore, selection of Vaid to the post of Director General of Police (HoPF), was illegal.
This argument has no merit or substance in it. It is totally misconceived, the court said, underlining that the object behind framing of the business rules is to carry out the Business of the Government conveniently and these do not confer any right on any person to challenge their breach.
In September last year, the CAT had rejected Mishra plea against appoint of SP Vaid as the DGP after the ruling PDP-BJP government contented that seniority was not the sole criterion to appoint DGP.
While dismissing the plea, the CAT has however restrained S P Vaid from exercising any administrative control or power over S K Mishra in any manner being senior to him.
In his plea before CAT, S K Mishra had challenged rejection of his representation to the government against the appointment SP Vaid as states top Police officer.
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