Farooq challenges retirement order
FILES PETITION IN HIGH COURT
Srinagar, Feb 21: The outgoing Inspector General of Police (Security) Farooq Ahmad has challenged his retirement order before the High Court.
Farooq on Monday filed a petition through senior counsel Zaffar Shah seeking quashment of retirement order issued after the state government rescinded its own order issued in 1998 in which Farooq’s date of birth was adopted as November 25, 1951 as against 5/2/1949.
Pertinently, Union Home Ministry rejected the state government’s order about adoption of new date of birth last week following which the government issued Farooq’s retirement order.
“We have presented the petition before the court to challenge the government order,” senior counsel Zaffar Shah told Greater Kashmir.
Shah submitted before the court that his client joined the services as Deputy Superintendent Police in 1977. “In 1981 my client made a representation for correction of his date of birth from 1949 to Nov 25, 1951.”
He said the matter was enquired into by the state authorities for 17-years and only on August 13, 1998 vide government order no 304 (p) that his date of birth was directed to be recorded as 25-11-1951 as against his original DOB 1949.
However, Shah said by the time state government issued the order of adopting new date of birth his client had already been inducted into Indian Police Services in 1995.
“The centre government in the civil list published and issued by Ministry of Home Affairs annually reflected Nov 25, 1951 as DOB of the petitioner continuously till date,” Shah said.
He said his client had been retired on the basis of communication received from centre government dated Feb 9, 2011 in which it maintained that under rules state government could not alter the DOB of the petitioner in 1998 because by that time he had already ceased to be member of the state police gazetted service.
“This view was accepted by state government and accordingly the government rescinded its August 13, 1998 order after more than 13 years reverting the DOB of petitioner to be original DOB of the petitioner, 1949.”
The state government simultaneously also directed retirement of the petitioner on the basis of his original DOB, he said.
Shah said he contended that when his client was inducted into the IPS, the issue of his DOB was pending consideration before state government. “Therefore the central govt could not proceed on the basis of his incorrect DOB,” Shah contended.
Lastupdate on : Mon, 21 Feb 2011 21:30:00 Makkah time
Lastupdate on : Mon, 21 Feb 2011 18:30:00 GMT
Lastupdate on : Tue, 22 Feb 2011 00:00:00 IST
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