ABHAYA NARAIN YADAV Vs. GNCT OF DELHI

JUDGEMENT

(1.) THE grievance of the applicant in this case is that he was denied President Police Medal Gallantry (PPMG) even though his other teammate who was involved in the same episode and whose role was similar to that of the applicant was granted the same. This O.A. had earlier been rejected by us by our order dated 21.03.2013. However, on a Review Application No. 108/2013 filed by the OA applicant, we had restored it for fresh adjudication by our order dated 23.04.2014.

(2.) THE facts of the case are that the applicant along with certain other teammates was involved in an encounter with a gangster named Kamal Mehta on 22.12.2006. This gangster was stated to be involved in cases of murder, attempt to murder, robbery, kidnapping for ransom etc. and was carrying a reward for Rs. 15,000/ - from Haryana. The case of the applicant for award of medal along with other teammates was considered by the respondents on 19.05.2008 but was rejected. While the other teammates did not pursue the matter further, the applicant along with Constable Man Singh represented to the respondents on 24.11.2008 for reconsideration of their cases. Accordingly, these cases were reconsidered on 15.08.2009. However, while the case of Constable Man Singh was approved by the respondents, the applicant s name was not forwarded further on the ground that a departmental enquiry was pending against him. The respondents decided that recommendations qua the applicant for grant of PPMG shall be forwarded to Govt. of National Capital Territory of Delhi as and when the departmental enquiry is finalized. The applicant again represented to the respondents on 26.11.2009 and 20.12.2009. On consideration of his representations, the claim of the applicant was once again placed before the Incentive Committee. On 28.05.2010, however, the Committee did not recommend his case. The relevant part of the minutes of the Committee are reproduced below: -

(3.) THE respondents in their counter have taken preliminary objection that this O.A. is barred by limitation. According to them, the cause of action for the applicant arose on 26.01.2008 and not as late as in the year 2011. Since the encounter in which the applicant was involved took place on 22.12.2006 the applicant could have got the PPMG by the Independence Day of 2007 or latest by Republic Day of 2008. Therefore, the cause of the applicant arose latest on 26.01.2008 whereas this O.A. has been filed in the year 2011. Hence, it deserves to be dismissed in limine.