SANGAM LAL MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri P.S. Baghel, learned senior counsel for the petitioner and learned standing counsel..

(2.) The challenge is to the proceedings of the Committee dated 15th January, 2009 whereby the claim of the petitioner for out-of-turn promotion has been rejected. The petitioner is an Assistant Sub-Inspector of Police and he claims out-of-turn promotion on the ground that there are citations in his favour of showing exemplary courage while facing an encounter with dacoits.

(3.) Shri Baghel questioning the legality of the said order has urged that the same proceeds on erroneous assumptions of fact and law and further it does not conform to the ratio of the decisions relied upon on behalf of the petitioner. He submits that there was no material on the basis whereof the Committee could have arrived at a different conclusion and that the reliance placed on the F.I.R. is an erroneous exercise, inasmuch as, there was no material apart from the F.I.R. to assess that the petitioner has not shown exemplary courage while discharging his duties, and therefore, under the Government order he is entitled for out-of-turn promotion. He submits that it is for this reason that when the matter had earlier come up before this Court, a Division Bench in the direction dated 23rd May, 2008 had indicated that the claim of the petitioner should be considered in the light of the judgments referred to therein. Shri Baghel further submits that apart from this the department itself has been granting out-of-turn promotions for several other persons in similar circumstances and, therefore, the order amounts to discriminating the petitioner. Shri Baghel contends that the impugned order deserves to be set aside and the petitioner is entitled for out-of-turn promotion on the strength of the guidelines of the Government order and the material which was already there before the Committee.