UOI Vs. SUMAN PUSHKARNA AND ORS.

JUDGEMENT

(1.) The Union of India and the Commissioner of Police, Delhi in this writ petition, impugn the order dated 06.03.2007, in O.A. No. 2769 of 2005, and the order dated 07.07.2007, in R.A. No. 69/2007) passed by the Central Administrative Tribunal, Principal Bench.

(2.) The factual matrix and the legal issue is not required to be examined in detail as these have been examined and decided by the Supreme Court in Sub Inspector Roop Lal and Another Vs. Lt. Governor through Chief Secretary, Delhi and others : (2000) 1 SCC 644. This decision decides inter se seniority dispute between the direct recruits and deputationists from the Border Security Force (BSF) and the Central Reserve Police Force (CRPF) who were absorbed as Sub Inspectors in Delhi Police in the cadre of Sub Inspector (Executive).

(3.) In 1985, to deal with the law and order situation and to strengthen the existing security and policing system in Delhi, twelve new police stations were set up. Recruitment to the posts to man these new police stations was important and required immediate attention. In the normal course, fresh/direct recruitment at different levels and training would have taken a long time. Accordingly, recruitment of suitable persons on deputation from the BSF and CRPF in the ranks of Inspector, Sub -Inspector, Assistant Sub -Inspector, Head Constable, Constable and Drivers, Head Constable and Constable was considered by writing letters to the Director Generals of the BSF and the CRPF. The Commissioner exercised his powers under Rule 5(h) of the Delhi Police (Appointment and Recruitment) Rules, 1980 to make appointment(s) to all non -gazetted categories in both executive and ministerial cadres on deputation basis by drawing suitable persons from another central police organisation or force or any other State/Union Territory. Rule 17, enacted and enforced on 31.03.1983, further empowered the Commissioner of Police to sanction permanent absorption of the deputationists with their consent, and the consent of seniors and subordinate officials of the deputed official in the Delhi Police with the concurrence of the Head of Police Force from which the said official was deputed. Thereupon the deputationists so requisitioned were absorbed in the Delhi Police.