Disciplinary actions must adhere to established guidelines, and a censure cannot indefinitely impede financial benefits under promotion schemes.

JUDGMENT :

C. HARI SHANKAR, J.

CM APPL. 71041/2024 (for exemption)

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

W.P. (C) 16788/2024, CM APPL. 71040/2024

The Issue in Controversy

3. The respondent was granted financial upgradation, under the Assured Career Progression [ACP] Scheme w.e.f. [With effect from] 1 February 2007 and second financial upgradation, under the Modified Assured Career Progression [MACP] Scheme w.e.f. 1 April 2015. The respondent claims entitlement to ACP w.e.f. 15 February 2006 and MACP w.e.f. 15 February 2014. The Central Administrative Tribunal [“the Tribunal” hereinafter] has allowed the claims. The Delhi Police challenges the decision.

4. As such, the issue in controversy relates to the dates from which the respondent is entitled to ACP and MACP benefit.

Facts

5. The respondent joined the services of the Delhi Police[“the petitioner” hereinafter] as Sub-Inspector (Exe) [“SI” hereinafter] on 15 February 1994. He was promoted as Inspector on 27 January 2010.

6. While he was serving as SI, the respondent was issued a Show Cause Notice on 23 April 1998 alleging lapses in investigation in respect of FIR No. 825 dated 25 December 1996. The proceedings culminated in an Order dated 11 June 1998 passed by the Assistant Commissioner of Police, whereby the respondent was censured.

7. Vide Order dated 1 February 2002 passed by the Joint Commissioner of Police, the respondent was again awarded the punishment of censure, alleging that he, along with two other Police officials, had not handled the investigation, in connection with FIR342/1998 dated 19 August 1998, properly.

8. The ACP Scheme was introduced by Office Memorandum [“OM” hereinafter] dated 9 August 1999 of the Department of Personnel & Training [“DOPT” hereinafter] consequent upon recommendations of the 5^th Central Pay Commission [GPC” hereinafter], to ameliorate service conditions of employees who were stagnating without promotion or occupying isolated posts for which no promotional avenues existed. The Scheme applied to Group B, C and D posts, and isolated posts in Group A. Clause 3.1 of the OM dated 9 August 1999 provided thus:

“3.1 While in respect of these categories also promotion shall continue to be duly earned, it is proposed to adopt the ACP Scheme in a modified form to mitigate hardship in cases of acute stagnation either in a cadre or in an isolated post. Keeping in view all relevant factors, it has, therefore, been decided to grant two financial upgradations [as recommended by the Fifth Central Pay Commission and also in accordance with the Agreed Settlement dated September 11, 1997 (in relation to Group ‘C’ and ‘D’ employees) entered into with the Staff Side of the National Council (JCM)] under the ACP Scheme to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 years and 24 years (subject to condition no.4 in Annexure-I) of regular service respectively. Isolated posts in Group ‘A’, ‘B’, ‘C’ and ‘D’ categories which have no promotional avenues shall also qualify for similar benefits on the pattern indicated above. Certain categories of employees such as casual employees (including those with temporary status), ad-hoc and contract employees shall not qualify for benefits under the aforesaid Scheme. Grant of financial upgradations under the ACP Scheme shall, however, be subject to the conditions mentioned in Annexure-I.

Of the conditions governing the ACP Scheme, as contained in Annexure I to the aforesaid OM dated 9 August 1999, the following are relevant:

“2. The highest pay-scale upto which the financial upgradation under the