GOVT OF DELHI Vs. HC RAJ KUMAR

JUDGEMENT

(1.) SINCE common question arises for consideration in the above captioned writ petitions arguments were heard in all the matters on 15.11.2010 and decision was reserved. The present judgment decides all the writ petitions.

(2.) SHORN of unnecessary details, the relevant facts are that Section 147 of the Delhi Police Act 1948 empowers the Administrator of Delhi to make rules for recruitment to, and the pay, allowances and other conditions of service of members of Delhi Police. In exercise of the power conferred upon it by Section 147 of Delhi Police Act, 1948 the Administrator framed Delhi Police (Promotion and Confirmation) Rules, 1980 (hereinafter referred to as the "Rules").

(3.) ON 21.09.1999 the Commissioner of Police issued an Office Order regarding the grant of out of turn promotion to the police officers in terms of Rule 19 of the Rules, which reads as under: - "Henceforth all cases of out of turn promotions when received in PHQ will be first examined by the Committee consisted of the following: 1. Shri R.S. Gupta, Spl. CP/Ops. : Chairman 2. Shri R.P. Singh, Jt. CP/Vig. : Member 3. Shri Kanwaljit Deol, Addl. CP/Traffic : Member 4. Shri S. Dash, DCP/SO to CP : Member The Committee will examine whether the act for which out of turn promotion is recommended involves threat or risk to life of a police personnel concerned. If the act does not concern any bravery or gallantry, it should be examined whether the achievement in question was result of efforts by the individual which may be termed as beyond the call of duty. Another category can be of a person who has been performing consistently outstandingly for quite sometime and deserves encouragement for his extreme hard work and outstanding performance and devotion to duty. The Committee must ensure that under no circumstances should a police personnel be recommended for out of turn promotion in a routine type of work or for a performance which cannot be categorized as outstanding. The Committee will make minutes of meeting in which such cases are considered. The Committee will come to a conclusion which should be conveyed to me and the minutes signed by the Chairman as well as Members of the Committee. Thereafter the recommendations will put up for final approval of the undersigned."