HIGH COURT OF DELHI
BHUPINDER KUMAR AND ORS. – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
REVIEW PET.-9/2015
Review Pet. Nos.561, 567/14, 8/2015, 560, 566/14 & 9/15
Page 1
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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DECIDED ON: 22.05.2015
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REVIEW PET.561/2014, 567/2014, 8/2015 IN W.P. (C) 7370/2010
UNION OF INDIA & ANR
..... Petitioners
versus
SUDHANSHU KUMAR KHARE & ORS
..... Respondents
REVIEW PET.560/2014, 566/2014, 9/2015, C.M. Nos.20614,
20830/2014 IN W.P. (C) 7371/2010
BHUPINDER KUMAR & ORS.
..... Petitioners
versus
UNION OF INDIA & ORS.
..... Respondents
Appearance: Mr. Ruchir Mishra, CGSC with Mr. Vikram Jetely, Mr.
Mukesh Kumar Tiwari, Ms. Kritika and Ms. Astha, Advocates for
UOI.
Mr. Tarun Sharma with Ms. Boudh Prabha, Advocates for petitioners
in W.P.(C)7371/2010 and for respondent nos.14,33,41, 47, 73 & 84 in
W.P. (C)7370/2010.
Mr. Siddharth Luthra, Sr. Advocate with Ms.Supriya Juneja and Mr.
Viraj Gandhi, Advocates for review petitioner in Review
Pet.560-561/2014.
Mr. Naresh Kaushik with Ms. Amita Kalkal Chaudhary and Ms. Aditi
Gupta, Advocates for UPSC.
Mr. Sudhanshu Kumar Khare, Review petitioner in person.
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE VIPIN SANGHI
S.RAVINDRA BHAT, J. (OPEN COURT)
Review Pet. Nos.561, 567/14, 8/2015, 560, 566/14 & 9/15
Page 2
1.
Heard counsel for the parties with consent.
2. The petitioner seeks review of the judgment of this Court
pronounced on 17.11.2014 in W.P.(C)7370/2010 preferred by the
Union of India and other connected matters, i.e., W.P.(C)7371/2010
& CM Nos.8140 & 8169/2014 filed therein. The writ petition had
impugned the correctness of the view expressed by the Principal
Bench of the Central Administrative Tribunal (“C.A.T.”) in OA
1281/2000 dated 1.7.2010. The question which engaged the
attention of the C.A.T. and later this Court was the inter se seniority
of promotees and direct recruits in the Central Bureau of Investigation
(“C.B.I.”). For this purpose, the C.A.T. - as well as this Court had to
examine the Special Police Establishment (Executive Staff)
Recruitment Rules, 1963 and certain other rules made and brought
into force from time to time including the Special Police
Establishment
(Executive
Staff)
Amendment
Rules,
1972; amendments made on 31.03.1987 and the amendments made in 1997.
The CAT had rendered findings accepting the direct recruits‟
contentions that in the absence of any power to relax, the placement
of the direct recruits en bloc junior to the promotees and the filling up
of posts created without applying the quota rota rule was
unsupportable in law. The promotees and Union of India had,
therefore, approached this Court in the two writ petition.
3. The CBI had published a seniority list of Deputy
Superintendent of Police (DSPs) on 6.8.1999 as on 1.1.1999. This
was impugned by the direct recruits who had joined the cadre
sometime between 1996 & 1998, as against 20% quota. The Rules
Review Pet. Nos.561, 567/14, 8/2015, 560, 566/14 & 9/15
Page 3
of 1987 required the cadre of DSPs to be filled inter alia in the ratio
of 50% by transfer, 30% by promotion and 20% by direct recruitment.
The grievance of the direct recruit DSPs was that promotions had
been made without nexus to the quota prescribed. As part of this
submission, the direct recruits had contended that the creation of
several posts and their diversion for the purposes of filling through
promotion was contrary to rules. It was also argued by the direct
recruits that in the absence of any express power to relax the
conditions prescribed by the rule making authority (unlike in the 1996
Rules which contains such prescription), the Union of India was
powerless and had to follow the dictat of the rules. In other words, it
was the positive case of the direct recruits that the Union could not
have deviated from the Rules in the rigid application of quota rota
rules for determining seniority. The CAT initially rejected the direct
recruits‟ application but was