VIKRAM SINGH Vs. MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA THROUGH ITS SECRETARY, NORTH BLOCK, NEW DELHI

JUDGEMENT

(1.) Vikram Singh, an Inspector (Exe.) in Delhi Police, the applicant herein, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking direction to be issued to the respondents to promote him on the next higher rank of Assistant commissioner of Police/induction into the entry grade of DANIPS in the ongoing process, as also quash and set aside the decision communicated to him vide letter dated 19.03.2008 pertaining to withholding of recommendation of the review DPC convened on 23.07.2007, and in consequence thereof, to give effect to the recommendations of the review DPC.

(2.) The brief facts on which the reliefs as mentioned above are sought to rest reveal that the applicant was considered for promotion to the post of Inspector (Exe.) on 05.06.2006, when he was ignored because of a penalty of censure, which had been inflicted upon him earlier in point of time. The applicant filed OA No.1671/2006 in this Tribunal, challenging the penalty as mentioned above, which was the only stumbling block in his way of promotion to the rank of Inspector. The OA aforesaid was allowed by the Tribunal vide order dated 21.03.2007 with direction to convene a review DPC and consider the case of the applicant for promotion with effect from the date his juniors were promoted. Operative part of the order passed by the Tribunal reads as follows: 16. In the result, for the foregoing reasons, OA is allowed. Order dated 28.07.2006, rejecting the applicants representation is set aside. Respondents are directed to convene a review DPC and consider the case of the applicant for promotion with effect from the date his juniors have been promoted and in such an event, he would be entitled to all consequential benefits. This shall be complied with within a period of three months from the date of receipt of a copy of this order. No costs. The controversy as raised in the OA aforesaid was that the punishment of censure inflicted upon the applicant could not be said to be on account of moral turpitude, and, therefore, even though the applicant might have been censured, as per the rules of the department itself, he was to be considered for promotion. In other words, the case of the applicant was that if the penalty of censure was to be on account of moral turpitude, in that case only the same could stall his promotion. This plea of the applicant was accepted, with the directions as already mentioned above. Meanwhile, in a fresh DPC, the case of the applicant was considered for promotion to the rank of Inspector (Exe.), and he came to be so promoted w.e.f. 01.12.2007. As regards, however, the review DPC, as ordained by this Tribunal vide its order referred to above, the same was convened on 23.07.2007, but its recommendations were not given effect due to litigation as regards seniority, pending at that time before the Honble High Court. This information to the applicant was given only on 19.03.2008. It is thereafter that the present OA came to be filed with the reliefs as already indicated above. The representation of the applicant for giving him promotion as per recommendations of the review DPC convened on 23.07.2007 has been disposed of vide order dated 19.03.2008, relevant part whereof reads as follows: As already intimated vide this Hdqrs. u.o. No.44293 -94/CB -1 dated 31.7.2007, in pursuance of judgment in O.A. No.1671/2006 - Vikram Singh Vs. UOI & Ors. a review DPC was convened on 23.7.2007 to adjudge the suitability of SI (Exe.) Vikram Singh, No.D/2811 (now Inspector) for admission of his name to Promotion list F (Exe.) w.e.f. 5.6.2006. The recommendations of the DPC have been with -held keeping in view of common judgment, dated 06.03.2007 passed by the Honble Tribunal in O.A. No.2769/2005 - Suman Pushkarna & ors. vs. UOI & ors. and five other similar OAs whereby the Honble CAT has quashed and set aside the seniority list of SI (Exe.) issued by this Hdqrs. on 07.12.2005 and the Promotion List F (Exe.) drawn on 05.06.2006 drawn in accordance with that seniority list. Further the department has filed CWP No.6309/07 in the Honble Delhi High Court and the Court after issuing an interim order dated 5.11.2007 adjourned the matter for 12.12.2007 and on 12/12/2007 the Court was pleased to put the case in Rule D.B.

(3.) Pursuant to notice issued by this Tribunal, the respondents have put in appearance and filed their counter reply contesting the cause of the applicant.