AWADHENDRA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 5.5.2006 passed by Deputy Inspector General of Police (Establishment), Police Head Quarters, U.P., Allahabad (Annexure 12 to writ petition). Further a writ in the nature of mandamus commanding respondents to grant out of turn promotion to petitioner on the basis of recommendation by the Superintendent of Police, Pratapgarh in view of Government Orders issued from time to time.

(2.) Facts as stated in the writ petition are that petitioner was appointed as Constable in Civil Police on 5.8.1997. Throughout service petitioner's career was up to the mark without any complaint by any superior authorities. State Government considering the work done by personnels of Police Department by showing exemplary courage and bravery has issued a Government Order dated 3.2.1994 followed by the Government Order dated 10.2.1994 giving out of turn promotion to police personnels to display bravery in arresting or encountering of dreaded terrorist or hardcore criminals. Government Order dated 3.2.1994 was modified by another Government Order dated 2.1.1998 and subsequently various Government Orders were issued by the Director General of Police dated 31.7.1999.

(3.) Petitioner alongwith one Hemant Bhushan Singh, Sub-Inspector, Civil Police after showing great courage was able to arrest one hard core criminal namely Ajai Giri. Ajai Giri was history-sheeter and was involved in about 29 cases which he committed under Sections 302, 307, 323, 324, 335, 336, 504, 506 and various other Sections of Indian Penal Code, Arms Act and Gunda Acts. Petitioner along with other police personnels were able to arrest other accused and had recovered about 52,80,000/- fake notes and 13 lacs half-made fake notes from them. It is also important to mention here that during course of operation, criminals had shot fires against petitioner and petitioner became seriously injured in the said firing and an award of Rs. 20,000/- was also given to petitioner and other police personnels. The Deputy Inspector General of Police and Superintendent of Police have also rewarded petitioner and other police personnels by Rs. 10,000/- 5,000/- and 2,500/- respectively. In view of Government Order, name of petitioner as well as other police personnels who were involved in the said incidents were recommended by the Superintendent of Police for out of turn promotion. Superintendent of Police has clearly mentioned in the recommendation that petitioner as well as other police personnels have shown great courage in arresting criminals and petitioner was also hit by bullets in the operation. It was also mentioned in the recommendation that Ajai Giri was history-sheeter and hard core criminal. It was informed to the Inspector General of Police regarding recommendation and the award. A proposal to that effect was sent for the said purpose. Certain informations were asked by Inspector General of Police regarding out of turn promotion to petitioner. That was also given by competent authority accordingly. Petitioner was not given any information regarding his out of turn promotion then petitioner made an application under the Right of Information Act, then it was informed that papers relating to promotion of petitioner is not available in the office. Subsequently petitioner enquired from the Head Quarter then it was revealed that letter has already been sent to Superintendent of Police to supply copy of the order dated 5.5.2006. After great effort, copy of said order has been supplied. It is also mentioned that the order impugned was never communicated to petitioner.