CAT quashes DGP’s order rejecting OT, directs to consider petitioner's out to turn for DySP

DGP is not competent Authority for grant of 'Out of Turn' promotion

24/04/2024

JAMMU, Apr 22: A Bench of Central Administrative Tribunal compirising B. Anand (A) and Sanjeev Gupta (J), today in a petition filed by Shakti Devi, quashed the the PHQ Order No. 1339 of 2018 dated 22.03.2018 passed by the DGP, whereby the case of the applicant for grant of 'Out of Turn' promotion from the post of Inspector to Dy. Superintendent of Police has been rejected. It is also directed that the respondents should consider the case of the applicant for grant of 'Out of Turn' promotion based on her track record. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
The brief facts of the case are that the applicant Shakti Devi who is a Sub-Inspector in the Jammu & Kashmir Police is consistently having an exemplary track record having secured first position in 'Outdoor Best Cadet' after completion of Basic Training Course at Sher-i-Kashmir Police Academy (SKIMS) and since then throughout her career has won a lot of accolades for her outstanding performance including being awarded the United Nations Special Service Medal for service with the United Nations Integrated Mission and cash awards to the tune of Rs. 10,000/- along with commendation certificate Class-I awarded by the Director General of Police. In the interest of brevity, the details of other awards won by the applicant are not being repeated her as details of the same are available in the file.
CAT after hearing Adv Dinesh Singh Chouhan appearing for the petitioner whereas Deputy AG Hunar Gupta for the UT, observed that both the Government Orders only speak about granting approval in a positive sense to the exceptional and outstanding officials for grant of 'Out of Turn' promotion by the competent authority who is the Hon'ble Chief Minister, who will have to exercise his powers based on the recommendations of the Selection Committee comprising of the Chief Secretary as its Chairman and Home Secretary and DGP as its members.
CAT further observed that iut appears that the respondents have taken the view that only such of those cases, which in their judgement merit consideration and final grant of 'Out of Turn' promotion is to be submitted to the competent authority (Hon'ble Chief Minister) and not so worthy candidates who do not deserve 'Out of Turn' promotion need not be placed before the competent authority. However, a careful reading of the above two Government Orders makes it quite clear that the procedure is only for granting approval for 'Out of Turn' promotion and not for rejecting 'Out of Turn' promotion to undeserving candidates. Therefore, if it is the view of the respondents that the higher executive authority of the State i.e. Chief Minister need not be troubled with taking a decision whether to grant 'Out of Turn' promotion or not, then it should be clearly laid down in the same procedure that for rejecting claims of those candidates who do not deserve consideration for 'Out of Turn' promotion, it can even be done by the officialdom itself, at the appropriate level.
CAT further observed that the extant rules contained in the two Government Orders clearly state that the Director General of Police is not the competent authority for grant of 'Out of Turn' promotion, therefore, he could not be treated as competent authority for rejecting the candidature of the applicant. The DGP ought to have placed the case of the applicant before the competent authority (Hon'ble Chief Minister) for his/her final decision. Therefore, we allow this Transferred Application and grant the prayer of the applicant and quash the PHQ Order No. 1339 of 2018 dated 22.03.2018 passed by the DGP, whereby the case of the applicant for grant of 'Out of Turn' promotion from the post of Inspector to Dy. Superintendent of Police has been rejected. It is also directed that the respondents should consider the case of the applicant for grant of 'Out of Turn' promotion based on her track record. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

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