State government got a shot in the arm when both the writs, challenging it’s decision of appointing Javeed Ahmed as new director general of police and chairman of Central Administrative Tribunal (CAT), Justice S Rafat Alam, as chairman of State Human Rights Commission (SHRC) have been dismissed by the lucknow Bench of Allahabad High Court, here on Monday.
According to communiqué send by the petitioner Nutan Thakur, lucknow bench of Allahabad High Court dismissed the petition filed by her against appointment of Javeed Ahmad. The bench of Justice S N Shukla and Justice Ashok Pal Singh said that the petitioner’s counsel Asok Pande argued that Javeed has been appointed as DGP despite being placed at serial no. 14 of IPS seniority list in UP. Hence he does not satisfy the minimum criteria prescribed for appointment on the post of DGP as directed by the Supreme Court in Prakash Singh vs Union of India.
As per the Court, Nutan has placed several decisions of various High Courts, which say the High Court can issue a writ of quo warranto in such a case as Javeed is an usurper of this post. The Court said, Advocate General Vijay Bahadur Singh has submitted that the Supreme Court has taken up the issue raised her in a Contempt Petition and another writ petition on appointment is pending before the High Court. The Court analysed the scope of writ of Quo warranto and concluded that since apart from the criteria of seniority, other conditions have also been laid down by the Supreme Court, hence it was within the domain of the Selection Committee to recommend Javeed’s name. It also said unsuitability may not be the criteria for issuing a writ of quo warranto. It said the petitioner has not claimed that she is aggrieved person, therefore, this appointment is beyond the scope of writ of quo warranto.
The Court said the non compliance of Supreme Court judgment is still under consideration before it in a Contempt Petition, hence writ of quo warranto is not maintainable and the petition was being dismissed on ground of maintainability.
Meanwhile Nutan also confirmed that lucknow bench of Allahabad High Court also dismissed the petition filed by her against appointment of UP Human Rights Commission Chairman Justice S Rafat Alam. The Bench comprising of Justice A P Sahi and Justice A R Masudi said that petitioner’s counsel Asok Pande said that Justice Alam has been appointed against the clear provisions of section 11 of the Administrative Tribunal Act 1985, which makes Chairman of CAT ineligible for further employment under Central or State Government and Justice Alam is presently Chairman of CAT and hence not legally empowered to hold this position.
The order said Advocate General Vijay Bahadur Singh objected to this by saying that Chairman of Human Rights Commission is not an employment. The Court agreed to the contention raised by the Advocate General and said that the Chairman of this Commission is not an employment under State government and hence Justice Alam can hold this position.