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Jammu and Kashmir High Court closes Suo Motu PIL seeking inquiry into induction of special police officers as constables

The Jammu and Kashmir High Court closed a Public Interest Litigation (PIL) filed seeking direction to be issued upon the respondents for initiating inquiry into the induction of Special Police Officers (SPOs) as Constables in the cadres of Police Department from the years 2018 upto March, 2020.

The petitioner also seeks a direction upon respondents to submit the list of candidates appointed as SPOs during the aforesaid period with a further direction to the Central Bureau of Investigation to investigate the appointments of the SPOs as Constables for the aforesaid period, claiming the same to be illegal.

In the order dated 03.02.2021, the Court has observed that on perusal of the petition, allegations were found to be vague and the petitioner has also not disclosed his credentials properly. Accordingly, one month’s time was granted to the petitioner to file a better affidavit in support of the petition. However, despite deferring the matter on a number of occasions, needful has not been done.

Further the matter pertains to selection and appointment of SPOs as Constables, thus, falls in the realm of service jurisprudence as already observed by the Court in order dated 03.06.2022. It has not been pleaded how the selection and appointment of SPOs as Constables are illegal and whether any questionable method has been adopted, which would render these appointments illegal , the Division Bench of Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi noted.

Apart from the above, none of the beneficiaries have been impleaded, though they would have a right to be heard in the event any adverse order is to be passed by the Court.

Under the circumstances, the Bench opined that the PIL can be closed with liberty to the petitioner to approach the Court again with better particulars.

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