Allahabad HC sets aside seniority list of police inspectors

LUCKNOW: The Lucknow bench of Allahabad high court has set aside a seniority list issued on November 22, 2019, promoting civil police inspectors to the post of deputy superintendent of police (DSP) in UP police.
It directed the state government to prepare fresh joint seniority list of inspectors posted in civil police as well as in armed police (PAC), keeping in view the Rule 7 of UP Government Servants Seniority Rules 1991.
It further directed the state authorities to complete the exercise within a month. It, however, asked the state government not to revert the two already promoted inspectors from civil police to the post of DSP till conclusion of the promotion exercise after preparation of the joint seniority list.
The two promoted DSPs were made opposite parties in the petition, but they did not appear before the court to put their stand. A bench of Justice Dinesh Kumar Singh passed the order on a writ petition moved by PAC inspector Vijay Singh.
The petitioner had pleaded that his two junior inspectors in civil police were also promoted on the post of DSP on the basis of seniority list prepared on November 22, 2019, but he was not considered for the promotion in illegal manner.
In course of hearing, the bench found that the petitioner had made representation to the DGP against the seniority list prepared from among only inspectors of civil police against the rule 1991.
The DGP constituted a two-member committee which considered the matter and found that the seniority list was prepared on the basis of a Government Order issued on July 24, 2003, but in fact, the said GO did not exist.
The committee hence submitted its report that the joint seniority list of inspectors, comprising civil police and PAC, should be prepared, but even then nothing was done.
Allowing the petition, the bench said, “Admittedly, the impugned seniority list of November 22, 2019, had not been prepared in accordance with Rule 7 of the Rules 1991, but it had been prepared in accordance with the GO of July 24, 2003.
The committee already recommended that the joint seniority list would be prepared in accordance with Rule 7 of the Rules 1991. In view of aforesaid, the impugned seniority list is hereby quashed.”

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