Consider DSP Ram Gopal’s claim for promotion, tribunal asks Admn

Ramkrishan Upadhyay
Tribune News Service
Chandigarh, November 25

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the UT Administration and the DGP, Chandigarh, to consider the claim of DSP Ram Gopal for the promotion to the post of Superintendent of Police (SP) and, if found fit, promote him from due date with all consequential benefits of arrears of pay and allowances and seniority, within a period of two months.

The CAT also quashed and set aside the order of the DGP stating that there is no vacancy in the rank of Superintendent of Police (non-IPS).

DSP Ram Gopal approached the tribunal seeking quashing of the letter dated September 16, 2017, of the DGP conveying that there is no vacancy in the rank of Superintendent of Police (non-IPS) in the Chandigarh Police meant for promotion from the rank of Deputy SP and the Punjab Police Rules governing the promotion are pending for adoption. He also demanded to direct the respondents to consider his claim for promotion as SP against the existing vacancy of Deputy Commandant, IRB, in the rank of Superintendent of Police, being the senior most and eligible in terms of the Punjab Police Service Rules, 1959, as amended on December 26, 2006, applicable to the Union Territory, Chandigarh, with effect from due date with all consequential benefits.

Ram Gopal claimed that the Administration does not have its own recruitment rules governing the post of SP (non-IPS). The conditions of services of UT employees are same as that of Punjab by virtue of a notification dated January 13, 1992.

Ram Gopal said he fulfilled all criteria for the promotion. In terms of the Punjab Police Service Rules, 1959, promotion to the rank of SP should be made from the rank of Deputy Superintendent of Police (both promoted from the rank of Inspector and directly recruited) having six-year continuous service in the rank of DSP (substantive) on the basis of merit-cum-seniority subject to the availability of the post of SP.

He submits that no DSP from Chandigarh fulfilled the eligibility criteria of six years for promotion as SP between 2009 and 2012. Later, the UT IGP recommended the names of six DSPs, who had completed six years of continuous service as per the Rules of 1959 for promotion as SP against three vacant posts of Deputy Commandant vide a communication dated August 7, 2013.

Some other correspondence took place and ultimately the UT DGP vide letter dated September 16, 2017 replied to the Home Secretary that there is no vacancy in the rank of SP (non-IPS) in the Chandigarh Police for promotion from DSP and an amendment dated December 26, 2006, in the Rules of 1959 for six-year eligibility for the promotion of DSP to SP was pending with the Home Secretary for adoption.

It is submitted that the post of Deputy Commandant, IRB, having remained vacant for more than one year is deemed to have been abolished in view of the instructions on the issue.

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