Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 1698

CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, Judicial Member, Rajinder Kashyap, Administrative Member
Rajender Singh – Appellant
Versus
Lieutenant Governor, Govt. of NCT of Delhi – Respondent
O.A. No. 1499/2018

Advocates:
For the Appellants/Petitioners: Mr. Ajesh Luthra
For the Respondents: Mr. Hanu Bhaskar

Denial of out of turn promotion to team leader in gallantry encounter, while granting to subordinates without reasoned distinction, is arbitrary and violates Articles 14/16; reconsideration mandated with notional benefits.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19; Delhi Police (Promotion and Confirmation) Rules, 1980 - Rule 19(ii); Constitution of India - Articles 14 and 16 - Out of turn promotion - Police officer leading team in encounter with dreaded criminal granted cash reward while team subordinates received promotion - Discriminatory treatment of team leader without reasoned distinction violates equality - Non-speaking orders rejecting promotion requests arbitrary and unsustainable - Judicial review examines process for arbitrariness, not merits unless patently irrational - Prior gallantry awards no bar to further recognition if exceptional devotion shown - Reconsideration directed with fresh committee excluding prior members. (Paras 6-18)

(B) Limitation - Service jurisprudence - Period runs from communication of adverse order, not mere passing - Unexplained delay in notifying employee by authorities precludes limitation plea - Procedural fairness mandates prompt disclosure enabling timely remedy. (Paras 10-12)

Facts of the case:
Police officer, team leader in high-risk encounter neutralizing armed criminal, received cash reward despite pivotal role including direct fire exposure and retaliation; subordinates granted out of turn promotions - Representations rejected via non-speaking orders; original application challenged denial as discriminatory.

Findings of Court:
Impugned orders quashed; respondents directed to reconsider promotion parity with team members, granting notional benefits if eligible, within 8 weeks via new committee.

Issues: Whether denial of out of turn promotion to team leader, while granting to subordinates, constitutes arbitrary discrimination under Articles 14/16; limitation validity absent proof of communication; adequacy of non-speaking rejection orders.

Ratio Decidendi: Similarly situated team members must receive equal treatment absent intelligible differentiation; discretion in incentives cannot discriminate against leaders; limitation hinges on actual knowledge via communication; unreasoned differential rewards fail natural justice and equality.

Result: Original Application allowed.

Table of Content
1. applicant's gallantry in suleman encounter detailed. (Para 1 , 2)
2. arbitrary denial of otp violates articles 14,16. (Para 3)
3. respondents justify akp over otp based on recommendations. (Para 4 , 5)
4. undisputed leadership and gallantry in encounter. (Para 6 , 7 , 8 , 9)
5. non-speaking orders and limitation plea rejected. (Para 10 , 11 , 12)
6. otp discretion must be non-discriminatory. (Para 13 , 14 , 15)
7. impugned orders quashed; re-consider otp. (Para 16 , 17 , 18 , 19 , 20)

O R D E R

Hon’ble Mr. Rajinder Kashyap, Member (A):-

1.By way of the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief (s):-

“a) Allow the present Original Application and set aside the Order dated 12.04.2007 of the Incentive Committee and the Orders of the Hon’ble Lieutenant Governor, Governor of NCT of Delhi through Secretary (Home-I) i.e. Order No.F.3/4/2009/HP-I/5258 dated 16.02.2012 and Order No. F.3/4/2009/HP-I/4261 dated 07.11.2016.

b) Direct the Respondents to consider the grant of the Out of Turn Promotion along with all consequential benefits which accrue thereof including seniority, pay and allowances etc. to the applicant for his gallantry and outstanding work in 2004.

c) Grant such other further relief(s) in the facts and circumstances of the present case as this Hon’ble Court may deem fit and proper in the interest of justice, equity and good conscience.”

FACTS OF THE CASE

2. Briefly stated facts, as enumerated from the Original Application, are that the applicant was enlisted in Delhi Police as a Constable (Executive) on 15.03.1988 and has been awarded with numerous Out of Turn Promotions (hereinafter referred to as OTP) in the past for his gallant acts of bravery. The applicant is presently working as Inspector in Crime Brach, District South-East, Delhi.

2.1 The applicant was earlier granted an OTP on 15.03.1996 to the rank of Head Constable for his outstanding work in apprehension and encounter of dreaded criminal Ranpal Gujjar of Western U.P. at the risk of his life on 06.09.1995. The applicant was further promoted to the rank of Assistant Sub-Inspector on 30.09.1999 on out of turn basis by the Commissioner of Police, Delhi in a public function for his gallant act dated 20.07.1999, in which he nabbed the fleeing robbers who had looted cash of Rs. 5 lakhs along with their weapons at the risk of his life. The applicant was further promoted out of turn to the rank of Sub-Inspector (Executive) in lieu of his extraordinary work done in an encounter on 26.07.2001 in Khirki, Malviya Nagar with the dreaded criminal Mamman, a gangster of Tejpal Gang who had a reward of Rs.1 lakh on his head and was involved in quadruple murder case in Faridabad.

2.2 Learned counsel for the applicant further stated certain facts in connection with the encounter dated 15.10.2004 of the dreaded criminal – Suleman @ Sulla. It is stated that the applicant was entrusted with the tremendous task of nabbing the dreaded and hard-core criminal – Suleman @ Sulla, who was wanted in many heinous crimes and sensational robberies all over Delhi which he had committed through his group of car borne gangsters who used to garget victims carrying heavy cash from banks. The Special Staff of South District was entrusted with the task of locating the gang members and neutralizing them as Suleman @ Sulla was adjudged as the most desperate and professional road robber in Delhi.

2.3 As the applicant was deputed for the aforesaid important task for which he worked very hard by collecting insight and SHARMA N D E at E e T : U 20 iS 2 H 6n. A 0 R 2. M 1f2 A ormation qua movements of the criminals and also visited Tihar Jail in order to investigate into the whereabouts of the gangsters from the inmates of Suleman. His painstaking efforts resulted in positive outcome and he was able to trace the hideout of these criminals located at Sector-82, Noida where the criminals evaded their arrest. Re

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2026 Supreme(Online)(CAT) 1698

CENTRAL ADMINISTRATIVE TRIBUNALManish Garg, Judicial Member, Rajinder Kashyap, Administrative MemberRajender Singh – AppellantVersusLieutenant Governor, Govt. of NCT of Delhi – RespondentO.A. No. 1499/2018

Denial of out of turn promotion to team leader in gallantry encounter, while granting to subordinates without reasoned distinction, is arbitrary and violates Articles 14/16; reconsideration mandated with notional benefits.

Cases Referred (1)

CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, Judicial Member, Rajinder Kashyap, Administrative Member
Rajender Singh – Appellant
Versus
Lieutenant Governor, Govt. of NCT of Delhi – Respondent
O.A. No. 1499/2018