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V.K. Bali, J. (Chairman)

1. Randhir Singh, Head Constable in Delhi Police, applicant herein, through present Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985, seeks setting aside of order dated 29.12.2006 vide which his representation for out of turn promotion was rejected and in consequence of setting aside of order aforesaid, the applicant seeks out of turn promotion to the next higher rank.

2. Facts of the case reveal that the applicant joined Delhi Police as Constable (Exe.) in 1982 and was promoted as Head Constable (Exe.) in 1992. It is the case of the applicant that in 1996 he and one Satbir Singh, then Constable, arrested two criminals namely Vinod Kumar and Krishan Kumar @ Tonny on 11.05.1996 along with a loaded country made pistol by risking their lives. The applicant caught hold of the criminals due to which, several serious cases, including that of murders, robbery, were solved. Even earlier the applicant had been successful by placing his life in danger, in arresting several dreaded criminals for which he was awarded also. On 11.02.1998, respondents promoted similarly situated constable Satbir Singh to the rank of Head Constable. The applicant represented against the inaction of the respondents in not considering his case for out of turn promotion along with constable Satbir Singh on 20.04.1998. Comments of the ACP (Operations) were called for and, it was specifically observed by the said authority that the applicant deserved out of turn promotion, as he had played the same role as that of constable Satbir Singh. A copy of the recommendation made by ACP (Operations) is placed on record as Annexure A-4. On 17.08.2001, the DCP/North District also verified the role of the applicant in the arrest of the dreaded criminals and opined that the applicant was entitled for out of turn promotion, as constable Satbir Singh, for the gallantry and brave act. On 06.02.2002, the respondents accepted the plea of the applicant that he had played the same role as constable Satbir Singh and granted him an Asadharan Karya Puruskar and rewarded him with Rs. 5,000/- in cash along with a Commendation Roll, however, discriminating him in the matter of out of turn promotion. The applicant once again represented on 13.02.2002 to the Lieutenant Governor of Delhi, being overall Administrator of Delhi Police, with whom vests general superintendence and the power to set aside any injustice caused to any police officer. His representation was, however, rejected vide order dated 29.12.2006. It is the case of the applicant that the Department of Home, GNCT had earlier, in the case of SI Rajbir Singh, whose role was not certified by the DCP as the same as of his colleagues Inspr. L.N. Rao, SI Rajender Singh etc., recommended him for out of turn promotion, many years later, and the said SI Rajbir Singh was promoted as Inspector on out of turn basis. It is the case of the applicant that in his case, two officers ACP (Operations) as well as DCP/North have categorically verified the fact of the role played by him in the arrest of dreaded criminals and have conclusively proved that the role played by him was the same as that of constable Satbir Singh, and have categorically recommended him for out of turn promotion, but the respondents have denied the same to the applicant by violating the principles of natural justice, equality before law, by adopting discriminatory tactics, partiality and pick and choose policy.

In the year 1995, the North distt. had witnesses the recurrence of a wave of burglary and robbery incidents, creating an environment of terror particularly among ladies and old. Constable Satbir Singh was instrumental in developing information about one Krishan Kumar @ Toni and Vinod Kumar, a desperate criminals involved in North Distt. burglary and robbery cases.
Finally on 11.5.96 at about 6.10 P.M. Constable Satbir Singh could locate the culprit Vinod Kumar, who was alighting from the bus. He was chased and apprehended by the Constable. On his search a loaded 'Desi Katta' (Country made pistol) was recovered. Other criminal Krishan Kumar @ Toni could also be arrested due to efforts of Constable Satbir Singh. A case FIR No. 212/213 dated 1.5.96 Under Section 25/27/54/59 Arms Act Police Station Timarpur Delhi was got registered. The following cases could be worked out with their arrest: