HC quashes IG’s retirement order
Directs Govt To Post Farooq Within A Week
Srinagar, May 19: The High Court Thursday quashed the retirement order of former Inspector General of Police (Security) Farooq Ahmad and directed the state government to post him on his status and position within a week.
Court of Justice Muzaffar Hussain Attar while allowing the petition seeking quashment of the order said, “The impugned order is declared void ab-initio.”
On Feb 19, 2011, which was a government holiday, the state government ordered the retirement of Farooq after it rescinded its own order of 1998 in which Farooq’s date of birth was adopted as November 25, 1951 as against his original 05.02.1949. Subsequently, Farooq filed a petition in the court seeking quashment of retirement order through senior counsel Zaffar Ahmad Shah.
Coming down heavily on the state government for issuing the retirement order on a holiday and in the middle of night through press, Justice Attar said, “Every person has a right to be heard. The police officer has brought laurels to the department. Government should have served him notice before issuing the retirement order.” Justice Attar said, “The petitioner shall be deemed to be in service and entitled to all benefits from the time of the issuance of order.”
He said the impugned order should not affect rights of the petitioner. “The respondents (state government) shall post the petitioner within one week commensurate with his status and position.”
“The court said the petitioner had in effect never retired,” Farooq’s counsel Zaffar Ahmad Shah said.
While referring to ‘unseen hands working behind the scene’ to ensure pre-mature exit of his client from the services, he said, “The order has been issued on a day which was declared as holiday and at 11:30 pm. Its issuance was leaked to only one of the newspapers at Jammu.”
He submitted before the court that his client in 1977 joined as Deputy Superintendent of Police in state government. “In 1981 my client made a representation for correction of his date of birth from 1949 to Nov 25, 1951,” he submitted.
He said the matter was enquired into by the state authorities for 17 years and on August 13, 1998 vide government order no 304 (p) Farooq’s date of birth was directed to be recorded as 25-11-1951 as against his original DOB.
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.
Shah further contended that the 1998 order could not have been rescinded by the state government without any notice to the petitioner.
The Government council Additional Advocate General A R Magray also admitted that there was no forgery, no fraud, no cheating involved in the issuance of government order in August 1998 through which the DoB of the officer was changed.
On Feb 19, the state government ordered the retirement on superannuation of 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 Principal Secretary to Home Department, BR Sharma vide order no (Home-143(P) of 2011) ordered the retirement of Farooq 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 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 case in which several senior police officers including a Senior Superintendent of Police were arrested.
“I have been vindicated. This is the biggest medallion and honor I have ever received in my life”, an emotional Farooq Ahmad said while coming out of the High Court.
Lastupdate on : Thu, 19 May 2011 21:30:00 Makkah time
Lastupdate on : Thu, 19 May 2011 18:30:00 GMT
Lastupdate on : Fri, 20 May 2011 00:00:00 IST
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