Govt orders retirement of IGP Security
MHA Rejects JK Govt Order After 13 Yrs
GK NEWS NETWORK
Srinagar, Feb 19: The State Government has ordered the retirement on superannuation of Inspector General of Police (Security) and Indian Police Service (IPS) officer Farooq Ahmad after Union Home ministry rejected the order of the State government regarding change in the date of birth of the officer 13 years ago.
Farooq Ahmad’s retirement was ordered following the directive by the Ministry of Home Affairs (MHA) that the State Government had no authority to alter the date of birth of the IPS officer as he is governed by the All India Service Rules. The MHA, however, is silent as to how the altered DOB was reflected in all its records, communications and especially the Civil List ever since 1999. The State Government’s Home department too is silent as to why it had not communicated its order regarding change of DOB of the officer to MHA through proper channel for 13 years.
IGP Ahmad is one of the highly decorated police officers of the State, who was injured twice in the line of duty, and had served in almost every sensitive and challenging capacity in J&K Police. Ahmad was instrumental in investigating and solving the Ganderbal fake encounter in which several senior police officer including a Senior Superintendent of Police were arrested.
The Principal Secretary to Home Department, BR Sharma vide order no (Home-143(P) of 2011) ordered the retirement of Farooq Ahmed stating that the period of his overstay shall be decided separately. Sharma also rescinded the order (Home 304(P) of August 8, 1998) and ab-initio deemed Farooq Ahmad to have retired on February 28, 2009.
Farooq Ahmed, IPS was initially appointed as Deputy Superintendent of Police(DYSP) vide Government Order NO. 2233-GAD of 1977 dated December 15, 1977 in the J&K Police (Gazetted) Service.
“Whereas the date of birth of Farooq Ahmed as recorded in the Matriculation Certificate issued by the J&K State Board of School Education in his favour is 05.02.1949 and the same has been recorded in the service book of the officer, when he joined the Government Service. Whereas, the Jammu and Kashmir Civil Services Regulations, 1956, as amended from time to time, are applicable only to the State Government employees,” the order reads.
The order states that Farooq Ahmad was inducted into the IPS by the Ministry of Home Affairs, Government of India vide notification no (14011/17 Police Service (IPS) dated September 4,1995 on the basis of his recorded date of birth as 5.2.1949.
It states that after induction into the IPS, Farooq Ahmad ceased to be a member of the J&K Police (Gazetted) Service, and as such his service conditions had to be regulated as per the rules governing the All India Services and not as per the provisions of J&K Civil Service Regulations, 1956, as amended from time to time.
It states that the sub-rule (3) & (4) of rule 16-A of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 provide that in relation to a person to whom sub-rule (2) does not apply, the date of birth as recorded in the service book or other similar official document maintained by the concerned government shall be accepted by the Central Government.
The order maintains that the date of birth as accepted by the Central Government shall not be subject to any alteration except where it is established that a bona fide clerical mistake has been committed in accepting the date of birth under sub-rule (2) or (3).
“Whereas, Farooq Ahmad had represented for a change of his date of birth from 05.021949 to 25.11.1951 and the Government vide its Order NO. Home 304 (P) of 1998 dated 13.08.1998, changed the date of birth of the officer from 05.02.1949 to 25.11.1951 in pursuance of the provisions of Jammu and Kashmir Civil Service Regulations 1956 as amended vide SRO-310-F dated 29.11.1995 even though the officer had ceased to be a member of the J&K Police (Gazetted) Service.”
However, the Ministry of Home Affairs, the order states, asked the State Government to explain the circumstances and rules under which Farooq Ahmad’s date of birth was altered from 05.02.1949 to 25.11.1951.
The order states that the State Government furnished a factual report to the Home Ministry vide its letter “Home/PB-I/10/2001, January 1,2011 indicating the circumstances and rules under which the officer’s date of birth was changed.
The Ministry of Home Affairs maintained that as Farooq Ahmad had been inducted into the IPS with effect from September 4, 1995, his service was governed by the All India Service Rules. “And the State Government had no authority under the said rules to alter the date of birth of the officer in any manner whatsoever.”
“The Order No. 304(P) of 1998 dated 13.08.1998 of Government of Jammu and Kashmir, Home Department, changing/ altering the date of birth of Farooq Ahmed, IPS (SPS:JK:90) as 25.11.1951 instead of 05.02.1949 was examined in this Ministry vis-a-vis the rule position on the subject.
It has been decided that the above referred order of the state Government shall not have any bearing on the date of birth presently on record i.e. 5.2.1949 of Farooq Ahmed, IPS in so far as Indian Police Service is concerned and that his date of birth will continue to be considered as 5.2.1949 only for all official purposes as the member of India Police Service”, the Home Ministry in its order (No.I-45013/18/2010-IPS.I dated February 9,2011 to the State Government.
“Now, therefore, in view of the above, factual and the rule position as also the aforementioned decision of the Government of India, the State Government decided to rescind aforesaid Government Order NO.
Home- 304(P) of 1998 dated 13.08.1998 and the said Order is accordingly, hereby rescinded ab-initio and as a consequence there Farooq Ahmed shall be and shall always be deemed to have been, retired on superannuation with effect from 28.2.2009 as per his original date of birth viz; 05.02.1949, The treatment of the period, the officer has
overstayed in service from 01.03.2009 to 18.02.2011 shall be decided separately,” Sharma states in the order.
When contacted, BR Sharma refused to comment on the issue. “Everything is clear in the order and I can’t comment further on it,” Sharma told Greater Kashmir.
Sources said Farooq Ahmad had written a letter (SHQ/PS 144) on February 2, 2011 to BR Sharma maintaining that his DOB was changed according to the laid rules and procedures.
“The undersigned is yet to be informed officially but would like to amplify the factual position (about the adoption of date of birth) already placed before the Home Department and the Police Headquarters.
Needless to mention that these facts stand discussed threadbare by the Police Headquarters and the Home Department over a period 17 years which can be verified from the Home Department records also,” Farooq states in the letter.
Farooq states that he was appointed as Deputy Superintendent of Police through Public Service Commission on December 15,1977. The undersigned applied for change /correction in his Date of Birth as early as 1981.
The case was examined at the PHQ and recommendation made to the Government for its adoption. The Home Department raised certain observations and sought clarifications with regard to the recorded age of Farooq Ahmad’s elder sister.
The clarifications including whether Farooq Ahmad and his sister were born of the same parents and why did the officer not point out the discrepancy in age immediately after passing his matriculation?
“The contention of the undersigned was that his date of birth was recorded as 5.2.1949, while his immediate sister’s was recorded as 15.11.1948 leaving a gap of only two months and eleven days which was a medical impossibility. The Home Department issued directions that PHQ have an enquiry conducted through a senior Police Officer, vide its No. G.Case.28516 dated 29.07.1982,” it states.
He states the inquiry by the Home Department acknowledged that Farooq Ahmad was born in 1951 while as his sister was born in 1948— of the same parents.
However, Farooq Ahmad acknowledges that the significance of the date of Birth was revealed to him at the time he joined Government Service.
Still he remained “ignorant” on the effect of DOB on his service. In light of the findings, PHQ has recommended the adoption of 25.11.1951 as Farooq Ahmad’s DOB vide its order (No.G.Case.28516 dated 29.07.1982).
He also states that Srinagar Municipal Council vide its order No.PHD-VS/194 dated 20.04.1981 also reported his DOB as November, 15, 1951. “During the deliberations at the Home Department the point as to whether I could have passed matriculation at such a young age was also discussed. It was explained to the lack of established education system prevailing at that point of time so far beginning of educational career was concerned,” he said.
He states that the matter remained in correspondence till 1995 between Home Department and PHQ. He also maintains that the State Government in 1995 amended the J&K Civil Services Regulations vide a notification issued under SRO 310 of 29.11.1995 in which it was laid down that officials who have applied for change in DOB within five years of joining Govt. Service, their case can be considered by the Government if they apply within six months of the issue of the notification.
Farooq Ahmad states that he made a representation as per the said notification which was forwarded to the Government vide PHQ No.P-Case-F/2134 dated 21.01.1997. “The case was discussed threadbare at the Home Department till
07.04.1997 when finally the then ACS Home recorded his satisfaction regarding the incorrect recording of my DOB but proposed to make a reference to the MHA for issuing orders, as the undersigned by then had been inducted into IPS. The file was put up to MOS Home,” Farooq states.
“There is already delay in making correction. The Home Department is fully satisfied that the DOB of IPS Officer (Farooq Ahmad) is not correctly recorded and as he is directly recruited DYSP in State Police, so the orders in this regard may be issued by State Government and MHA be informed accordingly. That will be proper as also was the opinion of DGP. The matter was sent to Chief Minister for according approval which he was kind to grant,” Farooq quoting the then MOS Home stated.
He said it was further pointed out in the Home Department that in terms of decision no.3 Rule 9 (a) of IPS (appointment by promotion) Regulations 1955, a State Police Service Officer on appointment to an All India Service on probation would retain his lien in the State Service and therefore would be entitled to all the benefits that may accrue to him in the State before his confirmation in the All India Service.
“The undersigned had not been confirmed in the IPS at that point of time and as the Minister for Home directed that the orders of HCM be implemented forthwith. It also needs to be mentioned here that as per Home Department discussions, the induction of several officers including the undersigned into IPS had been quashed by CAT at that point of time and this supported the Government’s contention that my Date of Birth could be correctly adopted” the letter reads.
He further adds that following adoption of DOB in August 1998, the Ministry of Home Affairs has been reflecting and incorporating his revised DOB in the Civil List every year.
“Even the MHA while issuing orders with regard to the empanelment of the undersigned in the Rank of DIG vide its number 1/28012/02/2004/IPS-IV dated January 13, 2005 reflected the corrected version of my Date of Birth which inter-alia means that the MHA is well informed about my corrected/revised Date of Birth. The facts of the case, therefore stand brought to the notice of the Government for such appropriate action as may be required at PHQ/State Government and MHA level to defend the Government Orders mentioned above,” Farooq states which in the letter.
FAROOQ Ahmad did his Master’s in Zoology with distinction from Kashmir University and joined J&K Police as DYSP in December 1977 through J&K Combined Services Competitive Exam. His important postings include Superintendent of Police, Rural & Hqrs, District Srinagar, District Superintendent of Police, Baramulla, SSP CID Special Branch, Kashmir (twice), SSP Headquarters, Vigilance Organization, District Superintendent of Police, Rajouri, Assistant Inspector General of Police, PHQ, J&K,SSP CID, Human Rights Division, DIG Central Kashmir Range, Srinagar (twice)
DIG Jammu Range, Jammu, DIG Administration, PHQ J&K, M. D. Police Housing Corporation J&K
Inspector General, CID J&K, Inspector General, Kashmir Zone.
The Officer has taken part in a number of anti-militancy operations in the State during which he got injured twice. He was entrusted with the investigation of some cases of extra-judicial encounters including the infamous fake encounter killings of civilians by police and Army for rewards and promotions in 2006.
He has attended several courses in prestigious institutions within the country and abroad including the FBI Training Academy, Virginia, USA (Anti-Terrorism Course), Criminal Investigation Department, Berlin, Germany (Workshop on counter terrorism), National Police Academy, Hyderabad (Cyber Crime), Tata Institute of Social Sciences Mumbai (Vertical Interaction Course).
He has delivered a number of lectures/presentations on different topics including intelligence in Counter Terrorism, Human Rights Abuses – the unending malady, J&K Police – a Saga of Courage and Sacrifices, Jehad : Is there violence in Islam?, Justice to the Juvenile, Community Policing, Militancy – A law and order problem. J and K War and Peace, Do women have human rights?
Farooq Ahmad is one of few highly decorated Police officers in the State. He is recipient of a number of medals and letters of appreciation, which include
1981 - Two advance increments sanctioned by J&K Government in appreciation of his role in raising and training two Armed Police Battalions in conformity with Goray Commissions recommendations.
1987 – The Chief Minister J&K Special Commendation for relief and rescue work under adverse weather conditions at Sonamarg-Kargil Highway during a snow storm.
1992 – Police Medal for Meritorious Services (GOI)
1993 – DG Police J&K Commendation Medal and Certificate for exemplary services.
1996 - Governor J&K Silver Medal and Commendation for Special Operations.
2000 – President’s Police Medal for Distinguished Services (GOI)
2001 – Internal Security Medal, Government of India
2003 – Police Medal for Gallantry (GOI)
2003 – Sher-i-Kashmir Police Medal for Gallantry, J&K Government
2003 – Sher-i-Kashmir Medal for Exemplary Services, J&K Govt.
2004 – Police Medal for Gallantry (GOI)
2004 – Sher-i-Kashmir Police Medal for Gallantry, J&K Govt.
2005 – Wound Medal with Bar
2010 – Commendation Medal, Northern Army Command, J&K
Lastupdate on : Sat, 19 Feb 2011 21:30:00 Makkah time
Lastupdate on : Sat, 19 Feb 2011 18:30:00 GMT
Lastupdate on : Sun, 20 Feb 2011 00:00:00 IST
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