Boost for DSP as CAT directs Chandigarh admn to consider his case for promotion
The Central Administrative Tribunal (CAT)’s Chandigarh bench has directed the UT administration to consider DSP Ram Gopal’s case and promote him to a higher post, if found fit.
The petitioner, who is currently posted as the deputy superintendent of police (DSP) in the CID wing at Sector 17, had sought promotion to the post of superintendent of police.
In the petition, he had prayed for the quashing of the order, dated September 16, 2017, issued by the director general of police (DGP) to the UT Home secretary. It had been stated in the order that there was no vacancy in the rank of SP (non-IPS) in Chandigarh police, meant for promotion from the rank of DSP, and relevant Punjab police rules governing promotion from rank of DSP to SP are pending for adoption.
He prayed that he should be promoted from post of DSP to SP against the existing vacancy in the Indian Reserve Battalion (IRB).
Ram Gopal’s counsel argued that he is the seniormost DSP in the cadre and being eligible in terms of 1959 Rules as SP/Deputy Commandant in IRB, Chandigarh, has a right of consideration for such promotion from due date and denial of such right is illegal, arbitrary, discriminatory and cannot be sustained in the eyes of law.
However, in its reply the UT administration argued that Ram Gopal does not even fulfill all the conditions for promotion. It was submitted that the post of deputy commandant in IRB is not governed by Rules of 1959 as no decision in that connection has yet been taken and the matter is pending for consideration with the competent authority. The applicant has no right of promotion but only consideration if he is eligible therefore.
After hearing the arguments, the Tribunal ordered: “This original application merits acceptance and as such is allowed. The impugned order is quashed and set aside.”
The Tribunal directed the respondents to consider the applicant’s case for promotion to the higher post in terms of above observations and “if found fit, promote him from due date with all the consequential benefits of arrears of pay and allowance and seniority, within a period of two months from the date of receipt of a certified copy of this order,” the order mentioned.