Sets Aside Tribunal’s Order on Out-of-Turn Promotion: National Games Cannot Be Equated With National Shooting Championship: Delhi High Court
In a significant ruling, the Delhi High Court has overruled the Central Administrative Tribunal’s decision that had previously allowed an out-of-turn promotion based on sporting achievements. The High Court, in its judgment dated November 6, 2023, firmly stated, “National Games cannot be equated with National Shooting Championship,” thereby setting a clear distinction between the two for the purpose of granting out-of-turn promotions within the Delhi Police.
The case centered around SI Azam Khan, who had been granted an out-of-turn promotion by the Tribunal based on his gold medal achievements in the National Shooting Championships. However, upon review, the High Court found that these championships, held under the National Rules, do not align with the criteria specified in the Standing Order No. 4/1989, which requires achievements in events held as per International Shooting Union (ISU) Rules, now known as ISSF Rules, to qualify for promotion.
Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta presided over the case and emphasized that the Tribunal had erred in its interpretation. They pointed out that, “any gold medal won in the National Shooting Championship will not fall within the parameters of the Standing Order.”
The High Court noted the importance of adhering to the specific provisions of the Standing Order when considering out-of-turn promotions. “Each winning of medal will not entitle him to a promotion,” the Court observed, highlighting the necessity for achievements to meet the prescribed standards for such benefits.
The Court’s judgment also touched upon the concept of “negative equity,” referring to the case of another police officer, ASI Dheerga Pal Singh, who had received a promotion under different circumstances. The Court clarified that one cannot seek out-of-turn promotion solely because it has been granted to another individual under different conditions.
With this judgment, the Delhi High Court has directed a spotlight on the rigorous standards set for out-of-turn promotions within the Delhi Police, ensuring that such elevations are granted strictly in line with established rules and criteria.
Date of Decision: 06 November 2023
GNCT OF DELHI AND ORS. VS AZAM KHAN
