ASHOK RANA Vs. HOME SECRETARY U P

JUDGEMENT

(1.) Petitioner, a Sub-Inspector of Police, was commended by the Senior Superintendent of Police vide letter No. 447/96 dated 24.1.1997 and subsequent letters dated 31.3.1997 and 27.3.1997 for out-of-turn promotion for displaying exemplary courage and bravery in the course of a police encounter in which notorious dacoit Devesh alias Pappu Misra son of Pratap Narain Misra and his accomplice Ram Pal fell to the police bullets. The matter was processed for go-ahead at the end of the Dy. Inspector General of Police, Kanpur Range. Kanpur, the next in the hierarchy, who subscribed to the recommendations for out-of-turn promotion by means of the letter dated April 29. 1997 addressed to the Inspector General of Police. Kanpur Zone, Kanpur. The recommendations received approval of the Inspector General of Police, Kanpur Zone, Kanpur, too who after examining the matter qua the reports of the Sr. Supdt. of Police, Farukhabd and the Dy. Inspector General of Police, Kanpur Zone. Kanpur. scripted his own recommendations that the petitioner was entitled to be given out-of-turn promotion vide letter dated 27/28.5.1997. The relevant portion of the recommendation made by Inspector General of Police, Kanpur Zone, Kanpur, is excerpted below : ..(VERNACULAR MATTER OMMITED)..

(2.) Notwithstanding recommendations, the petitioner was denied out-of-turn promotion vide order dated November 17. 1997 (Annexure-11 to the petition) which is the subject-matter of Impugnment in this petition. The relevant portion of the order rejecting petitioner's claim for out-of-turn promotion is quoted below : ..(VERNACULAR MATTER OMMITED)..

(3.) From a perusal of the impugned order dated 17.11.1997. it would transpire that it assigns no reason as to why the petitioner, upon whom each one in the hierarchy had lavished praise for his exemplary courage, and bravery in gunning down the dreaded dacoit putting in jeopardy his own life, as stated in the report of the Inspector General of Police, Kanpur Zone, Kanpur. was not appraised to be an act of exemplary courage and gallantry within the parameters laid down by the Government. It is worth noticing here that even the Director General of Police by his letter dated August 29, 1998. had made recommendations to the State Government for award of Police Medal to the petitioner for his exemplary courage and bravery for the Incident at village Dalelganj at the house of Virendra Tripathi. Pradhan of the village within the circle of P.S. Shamshabad in which an encounter with 5 or 6 dacoits took place. The reports of the sponsoring authorities constituted valid material for the formation of opinion as to whether the petitioner was entitled to be given out-of-turn promotion and were not liable to be ignored sans any rhyme or reason. The grant of power to give out-of-turn promotion to a police officer is no doubt subjectively formulated but the decision of the Committee one way or the other must be based on objective consideration of valid materials such as the reports/recommendations made by the S.S.P./D.I.G./I.G. (P). I find no valid reason justifying the order Impugned herein passed in disregard of valid materials on record.