GNCT OF DELHI Vs. DALBIR SINGH

JUDGEMENT

(1.) THE present writ petition assails the order dated 15th February, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.3618/2010 whereby the Tribunal allowed the O.A. filed by the respondent herein with a direction that the respondent would continue in the post of Head Constable (Executive) on ad-hoc basis till he gets regularized for the said post. THE Tribunal further directed that he would be entitled to the pay and allowances attached to the post, however, such period would not count towards his seniority in the rank of Head Constable (Executive). THE brief facts as are relevant to the adjudication of the present writ petition are as follows:-

(2.) IN the present case the question to be determined is whether the promotion of the respondent herein to the post of Head Constable (Executive) is legally sustainable in view of the fact that the factual omission, regarding an imposition of punishment, was not considered by the DPC at the relevant time.

(3.) THE counsel for the petitioners further submitted that had the fact about the respondent's previous punishment been brought to the notice of DPC, findings with regard to the suitability of the respondent to be included in the Promotion List 'C' (Executive), would have been kept in a sealed cover in terms of the provisions contained in Rule 5 (iii) of the Delhi Police (Promotion & Confirmation) Rules, 1980 and his promotion would have been kept in abeyance till the decision of suspension period. This omission has resulted in admission of the respondent's name to the Promotion List 'C' (Executive) and further promotion to the rank of Head Constable (Executive). Counsel urges that the mistake made with regard to the respondent's promotion had been corrected by issuing him a Show Cause Notice and receiving his representation and thereafter passing an appropriate order confirming the correction.