* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: May 10, 2013 % Judgment Delivered on: May 20, 2013 + W.P.(C) 6169/2011 COMMISSIONER OF POLICE, DELHI ..... Petitioner Represented by: Mr.Yogesh Saini, Advocate for Mr.V.K.Tandon, Advocate versus JAI CHAND ..... Respondent Represented by: Ms.Sumedha Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.

1. The facts noted hereinafter are not in dispute. The respondent was not promoted since he was facing a criminal trial and additionally a departmental enquiry. He was acquitted in the criminal case and the order imposing penalty at the departmental inquiry was quashed by the Tribunal. After various rounds of litigation, the respondent succeeded in being granted ad-hoc promotion on January 01, 2004 to the post of Sub Inspector (Exe.) and later on from the date on which the person immediately junior to him was promoted i.e. May 29, 1996. For purpose of pay fixation, petitioner was granted notional promotion reckoned from September 13, 1999, and as regards back wages for the post of Sub Inspector, same was denied applying Rule 17(1) of the Fundamental Rules on