Central Administrative Tribunal - Delhi
Insp. Akhileshwar Yadav No.D-884 vs Lt. Governor on 22 December, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH NEW DELHI Original Application No.252/2008 This the 22nd day of December, 2009 HONBLE SHRI JUSTICE V. K. BALI, CHAIRMAN HONBLE DR. RAMESH CHANDRA PANDA, MEMBER (A) Insp. Akhileshwar Yadav No.D-884, PIS No.28821379, PS Connaught Place, New Delhi. Applicant ( By Shri Devesh Singh with Ms. Harvinder Oberoi, Advocates ) Versus 1. Lt. Governor, NCT of Delhi, Raj Niwas, Delhi. 2. Commissioner of Police, Police Headquarters, ITO, New Delhi. 3. Deputy Commissioner of Police, South Distt., New Delhi. Respondents ( By Shri Ram Kawar, Advocate ) O R D E R Justice V. K. Bali, Chairman:
Akhileshwar Yadav, presently holding the post of Inspector in Delhi Police, the applicant herein, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to set aside order dated 20.9.2007 (Annexure A-1) and in consequence of setting aside the same, to issue a direction to the respondents to consider his case for grant of out of turn promotion in higher rank treating him at par with his colleagues, namely, HC Nirbhay Singh and Const. Balraj Singh. He also seeks a direction to be issued to the respondents that his promotion as Inspector may be antedated and order dated 2.1.2006 may be modified accordingly. He also seeks consequential benefits such as arrears of pay and seniority along with other service benefits as may be admissible under rules.
2. Brief facts on which the reliefs as referred to above are sought to rest reveal that while the applicant was working as Sub Inspector and was in-charge of Sarita Vihar Police Chowki, an incident took place on 6.3.1998 whereby a student of standard IV of Delhi Public School, Vasant Kunj was kidnapped at about 7.15 a.m. from outside his house in Sarita Vihar. The investigation was taken up by the South District Police and several police teams were formed and despatched in different directions for nabbing the culprits and restoring the child to his parents. One such team was headed by the applicant. His team comprised, besides him, two more police personnel, i.e., HC Nirbhay Singh and Const. Balraj Singh, who were given out of turn promotion ignoring the applicant, even though the entire task of investigation, detection, recovery and arrest was planned, organized and executed by the applicant as the team leader, and because of his rich experience, superior skills and sincere devotion to duty, the crime could be solved. It is the case of the applicant that due to vigorous untiring efforts of his team and by organizing active intelligence, he could get the clues from his sources about the criminal act of kidnapping and its real motive, i.e., ransom. The information was further confirmed by one Baldev Singh, Sarpanch of Village Jaitpur, who stated that a lady and an accomplice with a child in school uniform with them on a two wheeler, looking for TSR and a nursing home as the child was apparently sick, were seen in the area. The accused, namely, Sapan Haldar and his mother Shefali were later arrested. The applicant vigorously followed the kidnappers and succeeded in nabbing them and restoring the child safely to his parents. The applicant along with his team members raided Sapan Haldars clinic and caught hold of one of the accused and further raided a house in Madanpur Khadar which led the team to the child. The entire case was solved promptly by the team under supervision of the applicant and the child was restored hale and hearty to his parents. There would be no need to give further details of the case. Suffice it may, however, to state that whereas the colleagues of the applicant, namely, HC Nirbhay Singh and Const. Balraj Singh were indeed given out of turn promotion, the applicant was given only Asadharan Karya Puraskar and a cash reward of Rs.3000/-. It is the case of the applicant that it is a case of hostile discrimination inasmuch as, the applicant who was the team leader and because of whose efforts only the crime could be solved in the shortest possible time, was ignored, whereas others who were working under his directions were given out of turn promotion. The applicant had been making representations which were cold shouldered, and ultimately his representation dated 11.9.2000 was rejected vide impugned order dated 20.9.2007.
3. Pursuant to notice issued by this Tribunal, the respondents have entered appearance and filed their reply contesting the cause of the applicant. The facts as stated in the Application are not in dispute at all. It has inter alia been mentioned in the counter reply that on an excellent piece of investigation to recover a kidnapped child the same day, the then DCP/South District sent citations for grant of out of turn promotion in two spells. In one citation the DCP recommended names of HC Nirbhay Singh and Const. Balraj Singh for grant of out of turn promotion on 16.3.1998. The said citation was considered by the incentive committee in its meeting held on 18.3.1998 and both of them were granted out of turn promotion. In another citation the DCP recommended name of HC Dharmbir Singh for grant of out of turn promotion for the abovesaid good work. The said recommendation was also considered by the committee in its meeting held in March, 1999 and HC Dharmbir Singh was granted out of turn promotion. In both the citations, the name of the applicant was, however, not recommended for any incentive. The applicant made representation to the Commissioner of Police for grant of out of turn promotion, which was received in the headquarters through DCP/South vide letter dated 22.4.1999 and was considered by the incentive committee comprising senior officers, i.e., one Special Commissioner of Police, one Joint Commissioner of Police, one Additional Commissioner and one Deputy Commissioner of Police as members, in its meetings held on 18.7.2000 and 2.8.2000, and the applicant (then SI) was recommended for Asadharan Karya Puraskar with cash reward of Rs.3000/- for the same act, which accordingly he was granted vide order dated 14.8.2000. Without making any distinction between the applicant and his team mates named above, it is, however, pleaded that the applicant was granted out of turn promotion in the next higher rank of Inspector vide notification dated 2.1.2006 for consistently doing outstanding work in South District and busting a number of desperate gangs.
4. The applicant has filed rejoinder as also a misc. application. In the misc. application, it has been mentioned that the matter of the applicant for out of turn promotion was discussed with the Principal Secretary (Home) and Lt. Governor on 27.8.2003 and clarification was sought from Dr. K. K. Paul, the then Spl. Commissioner of Police (Admn.), by letter dated 29.8.2003 seeking to know whether the applicants role was merely supervisory or he had actively participated in restoration of child to his parents. The Spl. CP (Admn.) highlighting the position of the applicant with regard to his performance to restore the child, wrote letter dated 18.9.2003 mentioning that the resourcefulness and local contacts of the applicant through whom the information could be developed, led to recovery of the child. It was also mentioned that the investigations were headed by the applicant. We had directed the respondents to produce the letter written by Dr. K. K. Paul, then Spl. Commissioner of Police (Administration), and a copy of the same has been produced before us, which we order to be placed on records. The same reads as follows:
Kindly refer to your d.o. No.F.PS/PSH/2003/ 1057 dated 29.8.2003 regarding the representation submitted by Shri Akhileshwar Yadav, S.I. No.D-884 on his role in the detection, recovery and restoration of a kidnapped child and denial of out of turn promotion to him. This matter has been looked into and our detailed comments are as follows.
2. A young boy Subashish Chatterjee, aged 10, was kidnapped from outside his residence in Sarita Vihar at about 7 AM on 6 March, 1998, when he was about to leave for school. A letter seeking a ransom of Rs.25 lacs was left at the spot by the criminals. The case being of a highly sensational nature had spread panic in the entire city. Shri A. K. Patnaik, the then DCP/South District had closely supervised this case and mobilized all his resources for an expeditious break through. The main responsibility, however, fell on the local police with SI Akhileshwar Yadav, Incharge PP Sarita Vihar, in the forefront. A few hours after the incident, this officer received information of a car lying abandoned in Meetha Pur, Jait Pur area, a few kilometers away from Sarita Vihar, but in the jurisdiction of the same Police Station (Badar Pur). A visit to the spot revealed some masks and injection syringes, confirming the initial suspicions. Immediately thereafter, the information was shared with senior officers and secret enquiries in plain clothes, to avoid any suspicion, were initiated. It was important to keep these enquiries very discreet and low key otherwise the victim would have been endangered. It was learnt that a stout young child, who was not well and asleep, was being carried on a two wheeler scooter by a man and a woman near Pushta. This hot lead was pursued and within a few hours the young boy was recovered lying unconscious in a kachha house in Madan Pur Khadar area in vicinity of Sarita Vihar.
3. The entire effort for development of this information and its expeditious exploitation in a discreet manner to avoid premature leakage was undertaken by the Incharge PP himself, who also conducted the final raid along with HC Nirbhay Singh and Const. Balraj of AATS, South District. The plea of the SI is not only corroborated by the then DCP himself, but is also supported by the facts of the case, as the crime and its detection besides the arrest of the accused, never went out of the jurisdiction of PP Sarita Vihar, whose Incharge he was.
4. Now all the four accused Sapan, Shefali, Narender and Umed Chauhan have been convicted to life sentence recently, while the remaining accused Rajeet of Bihar, has become P.O. Sapan who is a compounder quack working in Madan Pur Khadar area, was the mastermind of the conspiracy and tried to use his knowledge as a druggist to inject sedatives into victim at the time of kidnapping. It was indeed a miraculous break through subsequent expeditious and timely action which helped solving the case in less than 24 hours. It was entirely the initiative, drive, resourcefulness and local contacts of the SI, through whom the information could be developed and was made use of. Even at the time of the recovery of the child, the SI was himself leading along with the HC and Constable, but the then DCP/South as admitted, had perhaps, acted with a great degree of modesty, and underplayed the matter, but the officer, it is strongly felt, should not be denied his due, and may kindly be considered for an out of turn promotion as and when there is a vacancy in the slot. It would not be out of place to mention that he is currently posted in the Special Staff, South District, and a number of sensational cases worked out in South District which have hit the headlines during the last few years, are attributed to his good work.
5. From the pleadings of the parties as also letter dated 18.9.2003 reproduced above, it is quite apparent that the role of the applicant from amongst his team was far more prominent and he, as the team leader, played a pivotal role in restoring the child to his parents. During the course of arguments, counsel representing the respondents could not, on any cogent ground, differentiate the case of the applicant from those forming the team with the applicant and who were given out of turn promotion. A Full Bench of this Tribunal in the matter of Nasib Singh v Union of India & Others OA No.187/2007 with OA No.290/2007, decided on 10.9.2007, framed the following question to be answered:
Whether the Tribunal can judicially review, by evaluation of the role of a Police Officer for grant of out of turn promotion, by comparing the same with another officer and, if so, to what extent? The question was answered as follows:
The law being that any State action called in question on the ground of discrimination would be amenable to judicial review, the question framed above has to be answered in positive A Division Bench of the Delhi High Court in ASI Devender Kumar v Government of NCT of Delhi & Others [Writ Petition (Civil) No.8841/2008, decided on 16.7.2009], overruling the decision of this Tribunal in OA No.1512/2007 decided on 18.9.2008, held that rule 19 of the Delhi Police (Promotion & Confirmation) Rules, 1980 does not put any restriction on the number of out of turn promotions to a particular officer/police official, and there is no bar that third out of turn promotion cannot be granted to a deserving officer who had shown devotion to duty and displayed gallantry.
6. In view of the discussion made above, this Application is allowed. The respondents are directed to give out of turn promotion to the applicant from the date those who formed team with the applicant, namely, HC Nirbhay Singh and Const. Balraj Singh were given out of turn promotion, with all consequential benefits. There shall, however, be no order as to costs.
( Dr. Ramesh Chandra Panda ) ( V. K. Bali )
Member (A) Chairman
/as/