LAWS(KAR)-2015-1-110

K. VENKATESH Vs. UNION OF INDIA

Decided On January 19, 2015
K. Venkatesh Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner had joined CRPF as the Deputy Superintendent of Police on 15.8.1986. In the year 1989, peace in the valley was disturbed due to sudden spurt in the militant activities. Accordingly, 54 Battalion, CRPF, a company headed by the petitioner was deployed in Srinagar for conducting special operations. He was then picked up by the IGP Operations, Srinagar, as one of the commanders of the Special Task Force.

(2.) IT is the contention of the petitioner that as an officer incharge of the Special Task Force, CRPF, he gathered information that more than 50 militants belonging to a militant groups were taking shelter in a village Kalarush in Kupawara District, Jammu and Kashmir. Being a group leader, he divided his team into three groups and carried out the attack operation. During the operation on 11.10.1990, he suffered bullet injuries. The IGP of CRPF, Srinagar, has issued appreciation letter at Annexure 'A' to the petitioner. He was also awarded the wound medal as per Annexure 'B'. It is further contended that he is entitled for award of the President's Police Medal as per the notification dated 1.3.1951. Therefore, he made a representation to the Hon'ble Home Minister as per Annexure 'F', which appears to have been referred to the second respondent and the second respondent sent a communication at Annexure 'E' informing him that he is not entitled for the President's Police Medal. Therefore, he has filed this writ petition for quashing the communication at Annexure 'E' and for a mandamus directing the respondents to consider the representation at Annexure 'F' and award President's Police Medal.

(3.) THE notification dated 1.3.1951, a copy of which has been produced on 24.6.2014 provides for award of President's Police Medal. It states that recommendations for award on the ground of conspicuous gallantry shall be made as soon as possible after the occasion of which the conspicuous gallantry was shown and in special circumstances recommendations for awards on other grounds may be made at any time for an immediate award. All the recommendations shall state the name and rank of the person recommended, the name of the Police Force, or the Unit of the Central Police/Security Organizations of which he is or was a Member and particulars of the gallantry of service for which the grant of the medal is recommended. The notification also states the circumstances under which the medal can be awarded, which is as under: