COMMISSIONER OF POLICE Vs. H C DURGESH KUMAR

JUDGEMENT

(1.) LEARNED counsel for petitioners Union of India and Commissioner of Police assails the order dated 12. 9. 2007 passed in O. A. 88/2007 by the Central Administrative Tribunal, Principal Bench, Delhi. For a proper appreciation of the matter in controversy the facts in brief may be noted:

(2.) DURGESH Kumar, respondent was appointed as Constable in Delhi Police on 3rd October, 1980. He got promoted to the post of Head Constable on 19th June, 1990. It is the admitted case of parties that the respondent had been appointed as a Constable on 3rd October, 1980 being an OBC candidate. In fact, the respondent had submitted an OBC certificate issued by the Additional Magistrate Ghaziabad, at the time of his appointment. Respondent continued to serve as a Constable. A promotional exam to the post of Head Constable was held in the year 1987. The respondent had duly appeared in the same and after successfully passing the examination and the training, his name was brought in the list 'b' vide order dated 10. 6. 1990 and was promoted to the rank of Head Constable with effect from the same date. The precise contention of the petitioners before the Court is that, in fact, the respondent had been treated as a SC/st candidate and on that basis he got preferential treatment and got selected. His promotion to the rank of Head Constable was a result of the same. It is the petitioners' case that as an OBC candidate the respondent was liable to be considered as a General candidate without any preferential treatment and in which case he would not have been promoted to the post of the Head Constable in the year 1990.

(3.) UNFORTUNATELY, in October, 2001, on scrutiny of the service particulars of the Head Constables (Executive) for admission of his name along with others to promotion list 'd-1' (Executive), it was discovered that the caste category shown for the respondent as SC in the seniority list was erroneous and, in fact, he belonged to 'gadaria' caste which would fall in OBC. After obtaining requisite clarification, the petitioners reached the conclusion that the respondent being an OBC was to be treated as a General category candidate and could not have been promoted as a Head Constable in the year 1987. This happened at a juncture when the respondent had already served for over ten years as a Constable. Thereafter, show cause notice dated 22. 2. 2006 was issued upon respondent calling upon him to explain as to why his promotion as Head Constable be not cancelled and he be reverted to Constable. There is no explanation in the petition before this Court as well as before Tribunal as to why there was delay of five years in issuance of show cause notice.