RAJAN BHAGAT Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS AND GOVT. OF NCT OF DELHI THROUGH PRINCIPAL SECRETARY (HOME)

JUDGEMENT

(1.) THE short issue for consideration, in the instant OA, is that whether the applicant should be allowed seniority from the date of his ad hoc appointment to the post of Assistant Commissioner of Police [hereinafter referred to as 'ACP'] w.e.f. 10.10.1994 or from the date of his regular promotion.

(2.) THE applicant, by virtue of the instant OA, has prayed for the following main relief(s): -

(3.) IT is the case of the applicant that when no information relating to his seniority was provided to him, he had to resort to application under Right to Information Act, 2005 in order to elicit the information. This information so furnished provides that his name figured at serial No. 638 (page 30) with the remarks 'empanelled against a vacancy of 1997'. The applicant on this basis made a representation to the competent authority followed by a reminder. In the meantime, the applicant filed OA No. 3826/2011 before this Tribunal in respect to which the respondents intimated that the applicant had been placed before the officers of 1997 batch. The afore OA was disposed of by this Tribunal vide its order dated 07.12.2011 with a directive to the respondents to dispose of the pending representation of the applicant vide means of a reasoned and speaking order within a period of 30 days from the date of receipt of the certified copy of the order. The respondents accordingly passed the order dated 26.12.2011 rejecting the claim of the applicant, which has been impugned in the instant OA.