Facts
The applicant, HC (Exe.) Rampal Samota, was appointed as a Constable (Executive) in Delhi Police on 12.02.2010 and promoted to Head Constable (Executive) on 31.12.2020
Source reference: p.3, para. 1From 10.11.2022 to 21.06.2023, while posted at PS Connaught Place, he apprehended 82 Proclaimed Offenders, 41 of whom were involved in 'A' category heinous crimes and 41 in 'B' category IPC offenses
Source reference: p.3, para. 2Following this performance, the SHO, PS Connaught Place, recommended him for an Out of Turn Promotion (OTP) to ASI (Executive) in August 2023, based on Standing Order No. L&O/17/2022 dated 08.02.2022
Source reference: p.3-4, para. 3This Standing Order specified that a Constable or Head Constable apprehending 80 Proclaimed Offenders within one year (with at least 40 'A' category and rest 'B' category) would be considered for OTP, subject to vacancy
Source reference: p.4, para. 3More than 150 OTP vacancies for ASI (Executive) were available in 2022 and 2023
Source reference: p.4, para. 3The applicant had a clear vigilance record with no pending criminal cases, departmental inquiries, or adverse material
Source reference: p.4-5, para. 4The Incentive Committee, which meets once a calendar year for OTP cases, considered candidates on 09.11.2023 after clubbing 2022 and 2023 vacancies
Source reference: p.5, para. 5 & p.5-6, para. 7However, the applicant was ignored, while several other candidates, including Aditya Kumar, Gaurav Tyagi, and others, who were recommended later in 2023, were granted OTP vide order dated 11.11.2023
Source reference: p.5, para. 6 & p.6, para. 7Issues
Whether the respondents' action in denying the applicant consideration for Out of Turn Promotion (OTP) for the year 2023 was arbitrary, discriminatory, and in violation of relevant rules and standing orders
Source reference: p.6, para. 7 & p.6-7, para. 8Whether the applicant is entitled to relief consistent with a similar case decided by the Tribunal, specifically O.A. No. 3898/2023
Source reference: p.7, para. 9Law Applied
The court primarily applied Standing Order No. L&O/17/2022 dated 08.02.2022, which governs the eligibility and criteria for Out of Turn Promotion (OTP) to the rank of ASI (Executive) for apprehending Proclaimed Offenders
Source reference: p.3-4, para. 3 & p.6, para. 7This Standing Order was framed pursuant to the judgment dated 28.06.2021 passed by the Hon’ble Delhi High Court in Crl. M.C. No. 5328 of 2013, with the objective of motivating exemplary performance
Source reference: p.5, para. 5The court also implicitly referenced Rule 19(ii) of the Delhi Police (Promotion & Confirmation) (Amendment) Rules, 2015, which aims to encourage officers showing exceptional gallantry and devotion to duty
Source reference: p.6, para. 8The decision also relied on the principle of judicial consistency, by referencing an identical matter decided by the Tribunal in O.A. No. 3898/2023 dated 13.01.2026
Source reference: p.7, para. 9-11Reasoning
The Tribunal found that the applicant met all the prescribed conditions under Standing Order No. L&O/17/2022, having apprehended 82 Proclaimed Offenders, with 41 in 'A' category and 41 in 'B' category, within the stipulated period, and had a clear vigilance record
Source reference: p.3-4, para. 3 & p.4-5, para. 4Despite his timely recommendation and eligibility, the Incentive Committee, while clubbing vacancies for 2022 and 2023 and meeting on 09.11.2023, failed to include the applicant's name in the OTP order dated 11.11.2023
Source reference: p.5, para. 6 & p.5-6, para. 7This was deemed arbitrary and discriminatory, especially since candidates recommended later were granted promotion
Source reference: p.5-6, para. 6-7The Tribunal noted the respondents' failure to point out any distinguishing feature between the applicant's case and another identical matter (O.A. No. 3898/2023) where relief was granted
Source reference: p.7, para. 10-11This indicated a lack of objective application of the Standing Order and a failure to uphold its spirit, which was to incentivize exceptional performance
Source reference: p.6, para. 7-8Holding
The Original Application was disposed of in terms of the decision in O.A. No. 3898/2023
The Tribunal directed the respondents to consider the applicant's case for Out-of-Turn Promotion for the year 2023, quashing and setting aside the denial of consideration
Source reference: p.7-8, para. 12(i)-(ii)A Review Incentive Committee is to be convened within eight weeks to consider the applicant's case for OTP to ASI (Executive) against the 2023 vacancies
Source reference: p.8, para. 12(iii)If found fit, the applicant shall be granted promotion with effect from the date his juniors were promoted, along with consequential benefits including seniority and pay fixation, with arrears of pay restricted to notional fixation up to the date of assumption of charge
Source reference: p.8, para. 12(iv)The respondents were also directed to ensure year-wise segregation of OTP vacancies in the future
Source reference: p.8, para. 12(v)Original Court PDF
HC (Exe.) Rampal Samota v. Union of India and Others [O.A. No. 2968/2025]
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