DGP ignores Home, Law in IGP Farooq’s joining back at P Hqs

“No knowledge of IGP’s joining”, Principal Secretary Home and Adv General

Ahmed Ali Fayyaz

SRINAGAR, May 21: Even as everybody from the state Home Department to the union Ministry of Home Affairs (MHA), and from the state Law Department to Advocate General, appears to be in the dark, Police Headquarters here have not only entertained IGP Farooq Ahmed’s joining report but also allotted a room to him, pending his posting by the state government.

Informed sources revealed that Farooq Ahmed, whose reinstatement had been ordered by Mr Justice Muzaffar Hussain Attar of Jammu & Kashmir High Court on Thursday last, produced his joining report to DGP Kuldeep Khoda at Police Headquarters on Friday. DGP entertained the joining report. A room was subsequently allotted to the Police official, pending his posting by the state Cabinet.

“My joining report has been entertained and a room has been allotted to me. I am very much on duty”, Farooq Ahmed told Early Times over telephone. While as DGP and IGP incharge at P Hqs were not available for confirmation, DGP’s PRO, Mohammad Shafi Qazi, said that Farooq Ahmed was back in service with the submission of his joining report at Police Headquarters.

Authoritative sources, however, insisted that Government had neither received the court order nor taken a decision whether the official would be allowed to join or an appeal would be filed against the single bench’s order. These sources said that a decision would be taken by the state government in consultation with the MHA which was managing the central police services. These sources viewed the IGP’s joining back as “extremely surprising” in view of the fact he had been allowed to join back within hours of the single bench order which granted a week’s time to the government for implementation.

Principal Secretary Home, B R Sharma, maintained that he and his department had no knowledge of the IGP’s joining at the Police Headquarters. “We have heard that Court has set aside the termination order we had issued in February in consequence of a communication from the MHA. But, we have not received the order, let alone studying it and processing it further for necessary decision by the competent authority”, Mr Sharma told Early Times. He elaborated that the issue of change in Farooq Ahmed’s date of birth had been raised by MHA and the state Home Department had subsequently issued an order with the approval of the state government whereby the official was treated as retired from service on 28-02-2009.

“After receiving and studying the court order, Department of Home would discuss all implications with Department of Law. Thereafter, Chief Minister, in his capacity as Minister of Home, would take necessary decision in consultation with the union Ministry of Home Affairs”, Mr Sharma said. He insisted that Civil Secretariat had no knowledge of the text of court order or the IGP’s joining back at Police Headquarters.

Advocate General, Mohammad Ishaq Qadiri, agreed fully with Principal Secretary Home but informed that late in the afternoon today, Government managed to obtain a copy of the court order. He said that as of now it had neither been studied nor brought to the notice of Chief Minister/ Home Minister Mr Omar Abdullah or Minister of Law Ali Mohammad Sagar. He endorsed Mr Sharma’s opinion and asserted that the decision of implementing the single bench order and going in appeal against it would be taken by the Ministers incharge Home and Law departments after necessary consultation with MHA.

As reported previously, MHA in February this year had sought an explanation from the state government as to how Farooq Ahmed had been continuing in service beyond his date of superannuation which, as recorded in MHA and all files of IPS induction of the official, was 28-02-2009 on the basis of his date of birth (5-2-1949). State Government in turn ordered termination of IGP’s service on 18-02-2011 with effect from 28-02-2009 afternoon.

Then posted as IGP Security, Farooq Ahmed challenged Govt Order dated 18-02-2011 in J&K High Court. He prayed for annulment of the impugned order with the argument that the state Government had conceded his petition of changing his date of birth from 05-02-1949 to 25-11-1951. He claimed that, by virtue of orders issued in his favour in 1995, he would lawfully continue to be in service till 30-11-2011. On May 19^th, 2011, single bench of J&K High Court set aside the state government’s order and ordered the IGP’s reinstatement “within seven days”.

The termination order dated February 18^th, 2011, stated 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 stated 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 further stated that the sub-rule (3) & (4) of rule 16-A of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 provided 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.

Farooq Ahmed had been initially appointed as Deputy Superintendent of Police(Dy SP) vide Government Order No: 2233-GAD of 1977 Dated December 15, 1977 in the J&K Police (Gazetted) Service.

MHA officials in New Delhi insisted that they had no knowledge of the J&K High Court order setting aside the J&K Government’s termination order until Friday evening. Offices were closed on Saturday/Sunday due to holiday. They said that MHA would go in appeal against the J&K High Court order even if the state government or Police Headquarters had entertained the order and allowed the official to join.

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