Govt rejects arrested DySP Davinder Singh’s seniority claim

DGP not competent authority for such placements; Out of turn promotion can be given only once in service career of an employee: Home department

Srinagar, Mar 03 : The Jammu and Kashmir government has rejected the claim of “delinquent” police officer Davinder Singh for regularizing his services as deputy superintendent of police (DySPs) from the date he was posted as in-charge DySP.

According to wire service—Kashmir News Observer (KNO), the Home department has rejected the claim of Singh and seven other officers, reasoning that director general of police is not the competent authority to order placements as in-charge DySPs and out-of-turn promotion can be given only once in the entire service career of an employee.

“The claim for their regularization from an anterior date is found to be devoid of merit and hence rejected,” reads the order issued by Principal Secretary Home.

The government passed the order after High Court directed the Home department to accord consideration to the claim of petitioners in relation to their claim for regularization as DySPs and for consequential service benefits thereupon with effect from the date they are performing duties as in-charge DySPs.

Davinder and other petitioners, initially appointed as sub-inspectors by the DGP, on out-of-turn basis, for their outstanding performance while being posted in special operation group.

These officers were posted as in-charge DySPs from 1999 to 2001 by DGP. According to the order, these officers were placed as in charge DySPs by DGP, who is not the competent authority to order such placements, more so, in view of the fact that the details regarding availability of vacancies in the J&K police gazetted service is maintained by Home department and not by the DGP.

As per KNO, the government has also invoked the circular issued by GAD in 1990 and two orders issued by Home department in 2000 and 2007 on principles and processes governing out of –turn promotions to reject their claim.

“ It is unambiguously mentioned in these instructions that out of turn promotion is to be given only to deserving officers and contemplates that such promotion be given only once in entire service career of any employee,” reads the order.

The order also states that out of turn promotion has cause lot of heartburn among police officers and also affected cadre management—