SHATRUGHAN SINGH Vs. STATE OF U.P.THROUGH SECRETARY, MINISTRY OF HOME, U.P.SHASAN, CIVIL SECRETARIAT, LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Standing Counsel. The petitioner claims out of turn promotion on the ground that he had exhibited exemplary courage when he was on leave at his village and helped the police in gunning down three miscreants who were involved in a case of kidnapping.

(2.) Learned Counsel contends that the citation was issued by the Superintendent of Police in favour of the petitioner and the amount of courage exhibited by the petitioner was noted in the said citation which categorically demonstrates that it was the petitioner's effort which brought about the end of three miscreants,

(3.) Learned Standing Counsel on the other hand contends that the committee in its meeting dated 2nd November, 2007 made an overall assessment of all the factors and it was found that a fairly big contingent of police force had conducted a raid and the local villagers were also involved including the petitioner. It was the combined effort of the said operation that resulted in the gunning down of three miscreants. However, two of them succeeded in escaping from the scene. The committee after assessing the facts came to the conclusion that there was no such individual act on the part of the petitioner which would define the action to be of such an exemplary courage so as to grant the petitioner out of turn promotion.