RAVINDRA KUMAR SAINI Vs. STATE OF U P

JUDGEMENT

(1.) Incidents of crime and terrorists activities within the Country has put strain on the Police Force, who in addition to perform their duties of maintaining the law and order are also entrusted with the job of countering the menace of terrorism created by the terrorists and other anti social elements equipped with sophisticated weapons. It requires equal measure of response from the police force. It not only involves the courage but requires high-skill to encounter such menace. State being aware of this fact has taken steps to encourage the role of such police personnel involved in encountering such elements by providing incentives in the shape of out of turn promotion. State of Uttar Pradesh has also promulgated an order which provides for out of turn promotions for those who are involved in countering the terrorism. However, it has been seen that while identifying the role of such police personnel most of them do not find their names in the list of out of turn promotion. Present case is also one of such type where the petitioner claims to have been part of a team which was involved in encountering the terrorists on the said date but for reasons unknown his name has been excluded.

(2.) Brief facts of the case are that petitioner was working as Constable in the police department and was posted at Police Station Muzaffar Nagar. An information was received on 19.2.2004 that two persons armed with A.K. 47 rifle riding on Honda motor-cycle were coming towards Roorki for creating some act of terrorism and in order to stop them from moving the police party pursued them in a Jeep. A team headed by Station House Officer S.K. Pratap and some other constable including the petitioner chased the two criminals in a Jeep. It is said that terrorists had fired on the jeep which was returned by the members of the party. In the said act one terrorist died and other managed to escape. There were two sets of police party engaged in encountering the terrorist; one was headed by the Station House Officer and other was by S.S.P., Muzaffar Nagar. Recommendation was made for out of turn promotions in favour of three constables namely Raj Kumar Yadav, Praveen Kumar Yadav and Naseem who were part of the raiding party alongwith petitioner headed by the Station House Officer S.K. Pratap.

(3.) After having failed to seek the recommendation for out of turn promotions a writ petition was filed by the petitioner before this Court which was disposed of by this Court directing the respondents to consider the case of the petitioner. In pursuance to the direction issued, S.S.P vide his communication dated 28.5.2005 stated that those police personnel who had been awarded out of turn promotion had played the same role as was done by the petitioner in encountering the terrorist. He had specifically stated that raiding party headed by the Station House Officer S.K. Pratap was fired upon by the two militants which was returned by all the members consisting of raiding party. This recommendation did not find favour with the D.G.P. who rejected the case of the petitioner by holding that his role in the said encounter was not an extra ordinary act of bravery.