Standing Order governing promotions cannot be applied to grant of functional rank without specific legal instructions.

The Respondent, a Sub-Inspector (Executive), applied for the grant of "functional rank" of Inspector. His application was rejected on July 16, 2022, following a recommendation by a Screening Committee held on July 15, 2022

The Committee deemed him unfit by applying the criteria for promotion found in Standing Order HRD/30/2022, because the Respondent had been awarded a penalty of "censure" in 2019 following a 2016 disciplinary proceeding regarding a custodial suicide

The Respondent challenged this before the Central Administrative Tribunal (OA 2644/2024), which ruled in his favor, holding that since more than six months (the debarment period for censure) had passed, the penalty could not block his functional rank

The Delhi Police filed this writ petition to assail the Tribunal's order

1. Whether the criteria for promotion stipulated in Standing Order HRD/30/2022 can be applied to the grant of "functional rank" in the absence of specific instructions

2. Whether a penalty of censure awarded four years prior to the application serves as a legitimate basis to deny the grant of functional rank

The court examined Standing Order HRD/30/2022, specifically Clauses (2)(iii) and (v), which dictate that a punishment record during the preceding 10 years must be considered for promotion and that a "censure" debars an official for six months

The court also referred to the principle that administrative instructions meant for promotion do not automatically apply to other service benefits like functional rank or MACP unless specifically extended

Finally, the court considered the scope of judicial interference under Article 226 of the Constitution of India

The High Court disagreed with the Tribunal’s interpretation that Clause (2)(v) dilutes (2)(iii) of the Standing Order

However, it found a more fundamental flaw: the Petitioner (Delhi Police) admitted there were no direct instructions making the promotion-centric Standing Order HRD/30/2022 applicable to the grant of functional rank

The Court noted that for other benefits like MACP, such a censure would not have been an impediment

Since the Respondent’s censure was awarded in 2019—over four years before his eligibility for functional rank—and given the lack of specific rules governing functional rank, the Screening Committee's reliance on the promotion Standing Order was misplaced

The Court also dismissed the Petitioner's argument that the scheme was scrapped, noting that the Ministry's communication only placed a stay on future orders and did not apply to cases considered prior to July 21, 2022

The High Court dismissed the writ petition and declined to interfere with the final outcome of the Tribunal's order, though it did so on different grounds