Delhi Police constable fought a legal battle for 5 years for a number, finally won; What’s the matter?
A Delhi Police constable fought a legal battle for five years and finally won. Delhi High Court has ordered that this constable be promoted to head constable and be provided all the benefits as per the post. In its judgment, a bench of Justice Amit Mahajan and Justice Anil Kshetrapal upheld the earlier decision of the Central Administrative Tribunal (CAT).
The judgment said that the answers to two questions given by the constable in the inter-departmental examination were such that they were considered practically appropriate during the judicial hearing. On the basis of this, the court ordered the Delhi Police Commissioner to promote the constable and provide him all the benefits as per the post.
entitled to additional numbers
In its judgment, a bench of Justice Amit Mahajan and Justice Anil Kshetrapal upheld the earlier decision of the Central Administrative Tribunal (CAT). The judgment said that the answers to two questions given by the constable in the inter-departmental examination were correct as per practical knowledge. The bench also said that when the court hears a case, it undoubtedly takes the decision as per the prescribed law, but sometimes moral and social values are also kept in mind.
On this basis the constable was given two additional marks, making him eligible for promotion. For the last five years, his promotion was stalled just because he was one number short. Now after the court order he will be promoted to the post of Head Constable and will get all the benefits.
Police had expressed objection
The Delhi Police Commissioner filed a review petition in the High Court arguing that the Central Administrative Tribunal (CAT) cannot interfere in the questions and answers of the police and cannot question the efficiency of the officer preparing the question paper for promotion. Police said that CAT does not have the right to increase the marks in the question paper related to law as per its wish. However, the bench rejected the police’s argument and said that CAT or any court is an expert in law in its own right. They have the right to present the correct interpretation of the law.
what was the matter
A young man was appointed to the post of constable in Delhi Police in the year 2007. This constable appeared in the inter departmental promotion examination in the year 2021. According to the cut-off list, 112 marks were required for promotion, whereas the constable got 111 marks, due to which he missed the promotion by just one mark.
The constable challenged this decision in the Central Administrative Tribunal (CAT). Based on the legal arguments and interpretation of the answers given in his answer sheet, CAT increased his marks by two. With this change the constable now becomes eligible for promotion and will be promoted to the post of head constable.
The court accepted the answers to 2 questions as correct
A constable of Delhi Police was appointed in the year 2007 and appeared in the inter departmental promotion examination in the year 2021. The cut-off list required 112 marks for promotion, while the constable got 111 marks, missing out on promotion by just one mark. The constable filed the challenge in the Central Administrative Tribunal (CAT). CAT re-evaluated his answer sheet and added two marks, making him now eligible for promotion.
The details of the two questions which CAT considered correct and increased two marks are as follows:
The constable wrote in the reply that the age of the minor under the Prevention of Child Sexual Harassment Act (POCSO Act) was 16 years. The police department considered this wrong and said that the maximum age is 18 years. CAT said that under Section 4(2) of the POCSO Amendment Act, 16 years can also be considered correct.
Who records the statement of the witness:
The constable wrote to the government lawyer in reply. Police said that the magistrate records the statement of the witness. CAT clarified that the government lawyer also records the statements of the witnesses, hence the answer is correct. On the basis of this, the constable got the right to increase two marks and now he will be promoted to the post of Head Constable.
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