COMMISSIONER OF POLICE, DELHI Vs. JAI CHAND

JUDGEMENT

(1.) The facts noted hereinafter are not in dispute. The respondent was not promoted since he was facing a criminal trial and additionally a departmental enquiry. He was acquitted in the criminal case and the order imposing penalty at the departmental inquiry was quashed by the Tribunal. After various rounds of litigation, the respondent succeeded in being granted ad-hoc promotion on January 01, 2004 to the post of Sub Inspector (Exe.) and later on from the date on which the person immediately junior to him was promoted i.e. May 29, 1996. For purpose of pay fixation, petitioner was granted notional promotion reckoned from September 13, 1999, and as regards back wages for the post of Sub Inspector, same was denied applying Rule 17(1) of the Fundamental Rules on the ground that he would be entitled to the same from the date he assumed charge of the higher post.

(2.) At the outset we must note that the factual matrix has been culled together with great difficulty; the pleadings of the parties being wanting for the most part and information to be gathered from bits and pieces lying scattered.

(3.) The respondent, Jai Chand, has a background of long and protracted litigation. He was a member of the Delhi Police Force and was promoted to the rank of ASI (Exe.) with effect from September 26, 1986.