Mere Reproduction Of Evidence Can Never Be Equated With Appreciation: Karnataka High Court Quashes Penalty Against Govt Employee Accused Cannot Repeatedly Send Cheque To FSL Till Favourable Report Is Obtained: Kerala High Court In NI Act Case Succession Certificate Cannot Be Issued For Gold Jewels Pledged With Bank, Applies Only To Debts And Securities: Madras High Court Order 11 Rule 14 CPC | Court Cannot Direct Production Of Documents Without Ascertaining They Are In Party's Possession: Calcutta High Court Undertrial Prisoners Don't Suffer 'Civil Death', Retain Fundamental Right To Alienate Property From Jail: Rajasthan High Court Direction For Reasonable Annual Enhancement Of Maintenance Under Section 125 CrPC Merely Preserves Its Real Value Against Inflation: Delhi High Court Testimony Of Sole Interested Witness Must Be Of 'Sterling Quality' To Base Conviction: Patna High Court Acquits Murder Convict Failure To Communicate Written Grounds Of Arrest Renders Arrest Constitutionally Infirm, Accused Entitled To Bail: Punjab & Haryana High Court Section 482 CrPC Petition Not Maintainable Against Order Framing Charge Under SC/ST Act, Appeal Lies Under Section 14A: Tripura High Court Disputed Questions Of Fact Regarding Title And Forged Documents Cannot Be Decided Under Article 226: Telangana High Court Matter To Be Enquired By Bar Council: Madhya Pradesh High Court Dismisses Lawyer's PILs With Costs For Suppressing Attorney-Client Relationship BDA Cannot Arbitrarily Reverse Resolutions Passed To Comply With Judicial Directives: Karnataka High Court Section 52A NDPS Act: Mere Non-Compliance Does Not Automatically Vitiate Trial Unless Evidence Is Doubtful: Punjab & Haryana High Court Seniority Must Be Determined From Date Of Substantive Appointment, Not Ad-Hoc Service: Allahabad High Court Uncorroborated Testimony Of Drug Inspector Cannot Form Sole Basis For Conviction Under Drugs Act: Andhra Pradesh High Court Suppression Of Adverse Facts Strikes At Root Of Equitable Jurisdiction: Bombay High Court Denies Injunction In HUF Property Dispute

Sets Aside Tribunal's Order on Out-of-Turn Promotion: National Games Cannot Be Equated With National Shooting Championship: Delhi High Court

05 September 2024 6:11 AM

By: Admin


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   

Latest Legal News