VIJAY SHANKAR PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this `Public Interest Litigation' the petitioner is questioning the conferment of prestigious President's Police Medal for gallantry on the respondent No.4, an I.P.S. Officer.

(2.) Admittedly, an encounter took place in District Mirzapur, Uttar Pradesh between Varanasi Police and a group of hardcore criminals on 4th/5th March, 2001. In this encounter a hardcore wanted criminal Preetam Singh was killed. There was a casualty of person in uniform as well, since one Sub-Inspector Ajay Singh was also killed in the exchange of fire. Some other Police Officials received serious injuries. Again indisputably, this Police team was led by the respondent No.4. After this episode, Senior Superintendent of Police Varanasi recommended the names of three Police Officers including the respondent no.4 for President's Police Medal for gallantry and ultimately Notification dated 18.10.2002 of the President's Secretariat was published in the Gazette of India declaring Award of Police Medal for Gallantry to S/S Ajay Singh, Sub-Inspector(posthumous), Ratan Singh, Sub-Inspector and Dr. G.K.Goswamy, ASP ( respondent no.4).

(3.) The case of the petitioner is that there was hardly any gallantry shown by the respondent no.4 in the aforesaid encounter and he could not have been conferred with the said Award. This belief of the petitioner prompted him to file present writ petition with the prayer that direction be issued to the Respondent no.1, Union of India to withdraw the name of the respondent no.4 from the list of awardees of Police Medal for gallantry. Direction is also sought for to the effect that instead, name of Sub-Inspector K.P.Singh be considered for Award of this Medal. Not only this the petitioner also wants initiation of disciplinary proceedings against the respondent No.3, namely, Senior Superintendent of Police, who had recommended the names for Award, as well as against the Respondent no.4.