GOVT. OF DELHI Vs. RAHUL KUMAR SINGH

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated March 12, 2013 passed by the Central Administrative Tribunal (Tribunal, in short), Principal Bench, New Delhi in Original Application (OA) No. 2698/2012, whereby the OA filed by the respondent herein, inter alia, seeking ad -hoc promotion on out of turn basis to the post of Inspector under Rule 19(ii) of the Delhi Police (Promotion and Confirmation) Rules, 1980 from the date when SI Dharmender Kumar was allowed the same.

(2.) SOME of the facts, which are relevant to decide the issue which falls for our consideration in this writ petition are, that the respondent was appointed as Inspector (Executive) on February 10, 1994. On December 30, 2004, the respondent along with his team members namely SI Dharmender Kumar, SI Mehtab Singh and HC Ajit had led a successful operation in which, dreaded gangster Krishan Pehalwan of gang Surender @ Sunder, carrying cash reward of Rs. 25,000/ - on his arrest from Haryana Police, was pinned down in an encounter after a shoot out at outer gate, Sugar Mill, Panipat, Haryana. Two of his associates Pradeep and Ranbir were also apprehended. During the shoot out, SI Mehtab Singh sustained bullet injuries and later succumbed to his injuries. The Incentive Committee constituted for this purpose, after going through the facts, considered the cases of the respondent and SI Dharmender Kumar, and finally, in the meeting held on December 04, 2006, recommended the names of the respondent and SI Dharmender Kumar for out of turn promotion to the rank of Inspector. The said recommendations were placed before the then Commissioner of Police, who after going through the same, had approved the same on December 05, 2006. It appears that SI Dharmener Kumar and the respondent could not be given promotion due to non -availability of earmarked vacancies for the purpose.

(3.) SI Dharmender Kumar challenged the decision of the petitioners granting him AKP by filing OA No. 557/2011 before the Tribunal. The Tribunal, vide its order dated September 05, 2011 allowed the Original Application by relying upon its own judgment in the case of HC Sukhbir Singh Vs. Govt. of NCT of Delhi and Ors. in OA No. 2304/2010.