SATYA PAL SINGHS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) With a view to boost the morale and to promote enthusiasm, devotion to duty and by way of incentive to the members of the Police force, the State of U. P. in Home (Police) Anubhag-1, has issued a Government Order dated 3.2.1994. Annexure-1 to the writ petition for out of turn promotion in case a Police Officer/official shows indomitable courage and valour, commitment and dedication to duty during the course of his employment. The petitioners. Satya Pal Singh and Natthu Singh who are Police Constables and Devendra Kumar and Sudesh Gupta who are Sub-Inspectors in Civil Police are claiming out of turn promotion in the following circumstances.

(2.) There was a dreaded and notorious criminal Amar Pal, who had let loose a reign of terror in the district of Ghaziabad in particular, and the surrounding areas in general. A special party, comprising Station Officer. Sharad Pratap Singh, Constable Gyanendra Kumar and Constable Ashok Kumar, respondent Nos. 6, 7 and 8 was constituted to apprehend the said desperado with a view to contain his criminal activities. On getting a tip from an informer that Amar Pal is likely to be available at the house of one Dr. Subodh Chaudhary in the local limits of P. S. Muradnagar. district Ghaziabad, a party under the leadership of Sharad Pratap Singh, Station Officer, consisting four petitioners and respondent Nos. 7 and 8 as well as Rajesh Kumar. Constable organised the raid. The said party was successful in annihilating Amar Pal in an encounter which had taken place on 12.5.1997. Illicit arms and ammunitions were also seized. A Magisterial enquiry was conducted into the said episode. The Senior Superintendent of Police, Ghaziabad, sent a citation dated 11.12.1997, Annexure-5 to the writ petition in which the names of all the members of the raiding party, including the petitioners were recommended for out of turn promotion. The recommendation was considered by the Dy. Inspector General of Police who referred back the matter to the S.S.P., Ghaziabad with the query whether it would be appropriate to grant out of turn promotion to as many as 8 persons who were involved in one single incident of extermination of a criminal. The letter of the D.I.G, dated 19.12.1997 is Annexure-6. The S.S.P.. Ghaziabad. in his turn, referred the matter to the Additional Superintendent of Police, Rural Area for submission of his report. The report of the Circle Officer. Modinagar dated 11.11.1997 was obtained, a copy of which is Annexure-R.A. 2 to the rejoinder-affidavit. On the basis of the report of Circle Officer, Modinagar, the Additional S.P, [Rural Area) submitted his report on 19.11.1997. copy whereof is Annexure-R.A. 1 to the rejoinder affidavit. S.S.P., Ghaziabad. sent a revised citation on 24.12.1997, Annexure-8 to the writ petition, recommending the names of Sharad Pratap Singh, Station Officer, Gyanendra Kumar and Ashok Kumar, Constables respondent Nos. 6. 7 and 8 for out of turn promotion. He dropped the names of the petitioners for out of turn promotion. Ultimately, the respondent Nos. 6, 7 and 8 were granted out of turn promotion after the approval of Director General of Police, dated 18.7.1998, Annexure-13 to the writ petition.

(3.) The petitioners have alleged that the revised citation submitted by the S.S.P., Ghaziabad, ignoring the names of the petitioners was arbitrary and that he had adopted an attitude of pick and choose from amongst the members, who were associated with the raiding party, which was deputed to apprehend the notorious criminal Amar Pal. It is stated that the various acts and participation of the petitioners in the episode cannot be distinguished on any ground with that of respondent Nos. 6, 7 and 8 as the indomitable courage and valour, commitment and dedication to duty as well as bravery exhibited by the petitioners could not, in any manner, be under estimated. By means of the present writ petition under Article 226 of the Constitution of India, the petitioners have prayed that the order dated 18.7.1998 passed by the Director General of Police. granting out of turn promotion to respondent Nos. 6. 7 and 8 be quashed, and the respondents be commanded to grant out of turn promotion and to confer all benefits and privileges on the petitioners from the date the aforesaid respondents were promoted.