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DGP Vaid’s appointment challenged

DGP Vaid’s appointment challenged
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The High Court has directed the PDP-BJP coalition government to file response to objections on the appointment of Director General Police, SP Vaid, whose appointment has been challenged by a senior cop.
The objections were made by SK Mishra, presently posted as DG Prisons, through his counsels Ajaz Ahmed and Shuja-ul-Haq.
Ajaz pleaded in the court that the appointment of Vaid of DGP is in violation of Business Rule as the cabinet at the time of appointment had not taken merit of Mishra into consideration.
He said as per Supreme Court guidelines, among three senior officers, the most meritorious and competent person has to be selected.
“The guidelines have not been followed in this case. The cabinet took it as non-agenda item and Mishra’s merit was neither considered nor discussed,” Aijaz argued.
The division bench comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey issued notice to Ministry of Home Affairs, Chief Secretary, Principal Secretary Home Department and Director General Police for filing the objections.
In its judgment dated 22-9-2006, the Supreme Court had directed the State government to establish a State Security Commission to outline the procedure for selection of the Director General of Police but J&K is yet to appoint such a commission.
Till the commission is formed, SC says that the guidelines have to be followed in the process of the appointment of the police chief.
“The commission is formed so that the DGP would be accountable before the rule of law but here cabinet has done it as pick and choose policy and as such there can be no transparency,” Advocate Aijaz argued.
Earlier, SK Misra had challenged the appointment of Vaid as DGP before Central Administrative Tribunal (CAT) on the ground that the order of Vaid’s appointment is in violation of Business Rules as also against the Supreme Court judgment.
The CAT bench had, however, dismissed Mishra’s petition.
Mishra’s counsel also prayed before the High Court division bench the decision of CAT passed on September 21 be quashed and government be directed to promote him as J&K DGP.
Mishra prayed that since Chief Secretary and Principal Home Secretary have committed wilful breach of law laid down by Apex Court in Prakash Singh’s case, the contempt proceedings be initiated against them to punish them under law.
The petition submitted before the court that CAT not only erred in holding that Mishra’s along with present DGP was considered by the cabinet but has also committee grave grave error in holding that the directions passed by apex court were of directory in nature and not mandatory.
“When ex-DGP K Rajendra was on leave, Mishra held his charge. Mishra was empanelled as Additional Director General (ADG) with 1985-batch officers by the Government of India while Vaid was dropped and was not empanelled,” the petition said.
The next date of hearing has been fixed on November 27.

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