KRISHNA KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed praying for quashing of the order dated 18.7.1998 passed by the Director General of Police rejecting the claim of the petitioner for out of turn promotion. Petitioner has further prayed for a writ of mandamus directing the respondents to grant the petitioner out of turn promotion Jn pursuance of the Government Order dated 3.2.1994 and the Circular letter dated 10.2.1994 Issued by the Director General of Police, U. P., Lucknow.

(2.) Counter and rejoinder-affidavits have been exchanged and with the consent of the parties, the writ petition is being finally decided.

(3.) The facts of the case as emerge from the pleadings of the parties are ; that the petitioner was appointed as Sub-Inspector in civil police in the year 1982. Petitioner-states that while he was posted as Station Officer. Police Station, Lalganj, district Basti, he gunned down three notorious criminals on 23/24.5.1995 in an encounter. Petitioner further stated that during the aforesaid encounter, petitioner suffered Injuries and was admitted to the hospital. Petitioner states that deadly weapons like stengun was recovered from the possession of the criminals who were shot dead in the encounter. A magisterial enquiry was held in which the Sub-Divisional Magistrate submitted his report which has been filed as Annexure-5 to the writ petition. After conclusion of the magisterial enquiry, the name of the petitioner was recommended by the Superintendent of Police, Basti for out of turn promotion in pursuance of the Government Order dated 3.2.1994. The Deputy Inspector General of Police, Basil Range, Basti and Inspector General of Police. Gorakhpur Region, Gorakhpur also recommended the claim of the petitioner for out of turn promotion. Petitioner stated that his case is squarely covered by the Government Order dated 3.2.1994. The committee did not found petitioner's case fit for out of turn promotion and an order dated 13.7.1998 was issued refusing the claim of the petitioner. The respondents have filed the proceedings of the committee dated 13.7.1998 as Annexure-C.A. 1 which bears approval of the Director General of Police dated 16.7.1998.