S. K. Mishra vs Union Home Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(J&K) 222

S. K. Mishra – Appellant
Versus
Union Home Secretary – Respondent

Advocates Appeared:
For the Petitioner:Mr. Shuja-ul-Haq Tantray, Advocate, Mr. Aijaz Ahmad Bhat, Advocate.
For the Respondents:Mr T. M. Shamsi, ASGI for Mr. B.A. Dar, Sr. AAG. for Mr. M. Y. Bhat, Advocate with Mr. Rahul Sharma, Advocate.

JUDGMENT :

Hanjura, J.

1. Impugned in this petition is the defensibility and pregnability of the judgment dated 21st of September, 2017, passed by the Central Administrative Tribunal (CAT), Chandigarh, (Camp Court, Jammu), in case titled ‘S.K. Mishra v. Union of India & Ors.’, bearing OA No. 061/00355/2017.

2. In adumbrating and analyzing the facts leading to the filing of this petition, it needs must be said that the Central Administrative Tribunal, has given a vivid account of the facts in the judgment assailed in this petition. These are that the petitioner is the senior most Indian Police Service (IPS Officer) of J&K, belonging to the 85 batch, whereas Shri S.P. Vaid, IPS – respondent No.4, belongs to the 86 batch of IPS. The petitioner, it is stated, was empaneled as ADG with 1985 batch officers by the Government of India, while as the respondent No.4 was dropped and was not empaneled as such with his batchmates of the year 1986. The petitioner, it is stated, was illegally superseded by the respondent No.4, who is junior to him and he has been appointed by the official respondents as DGP (HoPF) vide order dated 28th of December, 2016, which is contrary to the law and which has th