The Tribunal rejected the 1999 seniority lists of DSPs that included both direct recruits and promotees after hearing a bunch of petitions filed by ASP SK Khare and others seeking directions to CBI to prepare the list afresh.
The Central Administrative Tribunal (CAT) has directed CBI to reconstitute the 1999 seniority lists of its Deputy Superintendents of Police (DSPs), saying that there was "lack of serious efforts" by the investigating agency in matter of recruitment.
The Tribunal rejected the 1999 seniority lists of DSPs that included both direct recruits and promotees after hearing a bunch of petitions filed by ASP SK Khare and others seeking directions to CBI to prepare the list afresh.
"The impugned seniority list of DSPs as on January 1, 1999 is set aside to the extent that the applicants have been placed below the promotee DSPs from serial number 89 to 175 in the seniority list. The CBI would take steps to reconstitute the list by following the prescribed roster in (Recruitment) Rules of 1987 and 1996," it said.
"It would be right to infer that non-filling of the posts of direct recruitment has been because of lack of serious efforts on the part of the Centre and the CBI and because of this inaction on their part, it cannot be said that rota-quota system has broken down," the Tribunal bench comprising Chairman VK Bali and Vice Chairman L K Joshi said.
The CBI had contended that if applicants' plea was accepted, the decision would disturb the settled position.
The Tribunal, however, brushed aside the CBI's contention, saying "the applicants have been challenging the seniority list from the time it had been issued. The delay in deciding their claim is only because of protracted litigation in this matter, for which they cannot be blamed."
It did not agree with the contention that the CBI has inherent power to relax the Rules.
"The argument of the CBI that relaxation in the Rules had been made also cannot be considered to be correct, in view of the fact that the Rules of 1987 did not provide for any relaxation.
The power of relaxation has been made only in the Rules of 1996. Merely because the UPSC agreed to relaxation, it would not make the wrong right," the CAT said.
The CBI in 1987 had sought permission for relaxation of the recruitment rules by diversion of vacancies in direct recruitment quota to the promotion quota from the UPSC which approved its request.
The applicants, the direct recruit DSPs in the years 1997 and 1998, are aggrieved that in the seniority list, the promotee DSPs from serial number 89 in the list up to 175, who were promoted between 1991 and 1994 beyond the prescribed quota of 86 promotees, have been placed en bloc above them.
The promotees from serial number 89 to 175 in the list were in excess of the quota.
Since the recruitment rules provide for rota-quota system, the applicants should have been adjusted from serial number 89 onwards instead of being placed below all the promotees up to serial number 175, the petitioners contended.
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