SANT KUMAR PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition by the petitioner, who is a Constable in Civil Police, seeks to challenge the validity of the order dated 14.02.2012, whereby the petitioner, after consideration of his case, has been denied the benefit of out of turn promotion.

(2.) HEARD learned counsel for the petitioner and learned Standing Counsel appearing for the State -respondents. The petitioner in the year 2004 was posted in the Police Station Talkatora, Lucknow and was deputed in the police outpost at Para of the said Police Station. It has been alleged by the petitioner that on 04.07.2004, he received an information that two impostors in the police uniform were indulging in making illegal extraction of money from the persons plying their vehicles on the road and accordingly after informing his superior officers, he rushed to the spot and found two impostors indulging in the said unlawful act. It has also been stated by the petitioner that after some interrogation, he became sure that the said persons were not the police personnels but were impostors and accordingly he asked them to accompany him to the police station and in the meantime, one of the impostors opened fire on the petitioner. However, with the interception of some local persons the impostors were apprehended and were ultimately handed over to the police concerned. It has further been averred that the police personnels of police station Talkatora, after search, recovered a country made pistol and certain cartridges from the possession of impostors and accordingly FIR was lodged at case Crime No.150 of 2004, under Sections 307, 171, 384 IPC and at Case Crime No. 151 of 2004, under Section 3/25 of the Arms Act.

(3.) THE said incident was widely reported, as has been submitted by the learned counsel for the petitioner, in the newspapers. The petitioner in the incident was seriously injured and was hospitalized in the hospital. The Senior Superintendent of Police, Lucknow took cognizance of the matter and directed the Circle Officer, Bazar Khala, Lucknow to make an inquiry and submit his report, vide order dated 03.08.2004. The Circle Officer concerned appears to have made an inquiry and submitted his report on 08.11.2004, wherein, according to the learned counsel for the petitioner, a finding was recorded that on 04.07.2004 two impostors in the police uniform were indulging in extraction of money from the persons plying their vehicles on the road and when the petitioner, on information, reached on the spot and wanted to bring them to Police Station, one of the impostors opened fire on vital part of the body of the petitioner and further that the petitioner during said incident discharged his duties in a most courageous manner and hence, he is entitled for out of turn promotion.