Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the order dated 26.06.2001, Annexure P -2, passed by the Chandigarh Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as "the Tribunal") whereby an application filed by Om Parkash, respondent No. 4 herein, under Section 19 of the Administrative Tribunal Act, 1985 (hereinafter to be referred as "the Act") was allowed. By virtue of the order passed by the Tribunal, order dated 09.03.1994, Annexure A -12, promoting the petitioner to the post of Deputy Superintendent of Police was quashed and a review Departmental Promotion Committee was ordered to be convened to consider the matter in its true perspective afresh in accordance with law.
(2.) THE petitioner joined as Assistant Sub Inspector of Police on 5.5.1972 and confirmed as Assistant Sub Inspector on 27.4.1976. He was promoted as Sub Inspector on 11.10.1979 after he qualified Upper School Course in August, 1978. On the other hand, respondent No. 4 Om Parkash was appointed as Assistant Sub Inspector on 21.05.1973 and confirmed on 7.7.1980. The said respondent was promoted as Sub Inspector on 7.7.1981. Though the petitioner was entitled to be confirmed as Sub Inspector in October, 1981 but it was delayed and confirmed on 23.1.1986, whereas respondent No. 4 was confirmed as Sub Inspector on 18.11.1985. Later on, the petitioner was further promoted as Inspector on 4.4.1986 and Om Parkash, respondent No. 4, was promoted on 24.12.1986 and confirmed on 24.12.1988. It is, thus, alleged and not disputed that, in fact, the petitioner is senior to respondent No. 4 as Inspector. It is the case of the petitioner that he was given ad hoc promotion as Deputy Superintendent of Police vide order dated 03.08.1992 for a period of six months. It is pointed out that on 17.05.1992, Shri R.S. Gupta, IPS, the then Inspector General of Police, arrived at Chandigarh airport at 11.00 a.m. It is pleaded by the petitioner that Shri Gupta was accompanied by his friend Shri D.K. Gupta, a businessman. Shri R.S. Gupta got their luggage traced in the aircraft and under the direction of the Captain it was handed over to the loader from the aircraft directly and put the same in the car of his friend. Such action of the then Inspector General of Police was objected by the petitioner. The Inspector General of Police felt annoyed and used unparliamentary language. The petitioner has attached a copy of letter dated 25.05.1992 with the writ petition as Annexure P -1. Annexure P1 is a letter addressed to the Inspector General of Police, Chandigarh, by the petitioner in response to letter dated 20.05.1992. It has been pointed out that there was no official information received by the airport security staff regarding the arrival of the Inspector General of Police but still necessary arrangements were made from the available staff to receive at the ladder point.
(3.) IT is the categoric case of the petitioner that Shri R.S. Gupta, the Inspector General of Police, felt annoyed when he arrived at Chandigarh airport on 17.05.1992. It may be noticed that no reply has been filed on behalf of the Chandigarh Administration. It is the categorical case of the petitioner that Shri Gupta was a member of the Departmental Promotion Committee for placement of the Inspectors on List "G" and he spoiled the Annual Confidential Report for the year 1992 -93 about 10 days prior to the meeting of the Departmental Promotion Committee. It is also pleaded by the petitioner that the meeting of the Departmental Promotion Committee was delayed by the then Inspector General of Police to see that respondent No. 4 also became eligible. It was on acquiring eligibility by respondent No. 4, meeting of the Departmental Promotion Committee was held on 12.09.1993. Though the Departmental Promotion Committee in its meeting on 12.09.1993 recommended Jaspal Singh and Om Parkash, respondent No. 4, for being brought on "G" List and made recommendation for promotion to the rank of Deputy Superintendent of Police but such recommendation of the Departmental Promotion Committee was not accepted. Subsequently, a meeting of the Departmental Promotion Committee was held on 7.1.1994. In the said meeting, recommendations were made to take the petitioner on "G" List and for promotion to the post of Deputy Superintendent of Police after finding that till 1992, for the years under consideration, his 50% Annual Confidential Reports were good. Before the said meeting, Shri R.S. Gupta ceased to be the Inspector General of Police of Chandigarh. On the basis of recommendations of the Departmental Promotion Committee held on 07.01.1994, the petitioner was promoted as Deputy Superintendent of Police vide order dated 4.4.1992 i.e., the date when the vacancy in the cadre of Deputy Superintendent of Police became available for the Scheduled Caste candidate.;