UMESH BARTHWAL Vs. GNCT OF DELHI

JUDGEMENT

(1.) THIS is a second round of litigation being fought. The first round was fought when all the writ petitioners had individually litigated after filing original applications before the Central Administrative Tribunal. They were claiming entitlement to be granted out of turn promotion which was permitted as per Rule 19 of the Delhi Police (Promotion and Confirmation) Rules 1980. The Rule in question required 5% vacancies to be reserved for outstanding sportsmen, marksmen and such officers of Delhi Police who displayed exceptional gallantry or devotion to duty. The Rule envisages the Commissioner of Police to determine the eligible officers and grant them out of turn promotion but with the approval of the Lt.Governor of Delhi.

(2.) ON September 21, 1999 the Commissioner of Police had issued an order constituting a committee to examine cases for out of turn promotion.

(3.) THE Tribunal held in favour of the petitioners. The respondents came up to this Court filing 7 writ petitions numbered as W.P.(C) No.5444/2010, W.P.(C) No.5446/2010, W.P.(C) No.5458/2010, W.P.(C) No.5465/2010, W.P.(C) No.5482/2010, W.P.(C) No.5528/2010 and W.P.(C) No.5549/2010.