GNCT OF DELHI Vs. BHIKAMBER

JUDGEMENT

(1.) The petitioner/Delhi Police is aggrieved by the order dated 14. 03. 2017 passed by the Central Administrative Tribunal, New Delhi, allowing O. A. No. 1504/2013 filed by the respondent, who was working on the post of a Head Constable and had prayed for quashing and setting aside of a show cause notice dated 12. 04. 2013, issued by the petitioner, calling upon him to explain as to why he should not be reverted to the rank of a Constable and his name removed from the Promotion List 'A' w. e. f. 25. 0 2008.

(2.) For proper appreciation of the case, a brief reference to the facts is considered necessary.

(3.) In the year 1994, the respondent was recruited as a Constable in the Delhi Police. In the year 2007, the respondent applied for Promotion List 'A' test and qualified the same. As a result, his name was included in the Promotion List 'A' w. e. f. 25. 01. 2008, in terms of a Notification issued on 29. 01. 2008. From the very same date, the petitioner was also promoted to the rank of a Head Constable on an adhoc basis. Subsequently, vide order dated 08. 07. 2009, the respondent was promoted to the rank of a Head Constable on a regular basis, w. e. f. 01. 07. 2009. Three and a half years thereafter, the petitioner issued a notice to show cause dated 12. 04. 2013 to the respondent stating inter alia as follows:-