COMMISSIONER OF POLICE Vs. JAGMAL SINGH

JUDGEMENT

(1.) This Writ petition challenges the Order dated 3rd August, 2001, passed by the Central administrative Tribunal, Principal Bench, New Delhi (for short the Tribunal').

(2.) The facts giving rise to the writ petition are as follow. In the year, 1968, the first respondent joined the force as constable. Subsequently he was promoted as Sub Inspector on 23rd September, 1997. His name was included at Sl.No.39 in the List of eligible Sub-Inspectors drawn by the petitioners for effecting promotions to the rank of Inspector. Subsequently on 9th May, 2000, a fresh list of eligible Sub-Inspectors was framed. In this list the name of the first respondent stood at Sl. No. 15. On 4th August, 2001 the petitioners made promotions of some of the Sub-Inspector as Inspectors. The name of the first respondent, however, did not figure in the list of promoted. The first respondent filed a representation before the appropriate authority on 25th august, 2000, against non-inclusion of his name in the list of promotees. On 5th September, 2002, three more persons were promoted to the rank of Inspectors.

(3.) Dissatisfied with the action of the petitioners, the first respondent filed Original Application, being O.A. No. 120/2001 before the Tribunal. The Tribunal found that the grading given by the Reporting & Reviewing Officer to the first respondent for the year 1997-98 was revised by the DPC and the same was downgraded. The Tribunal in this regard held as follows :