BHUPENDRA SINGH TOMAR Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner has prayed for a direction to the respondents to consider and grant out of turn promotion to the petitioner on the post of Head Constable on the basis of his bravest and extraordinary act performed in an incident dated 16.1.2008 where the notorious dacoit Bunty alias Virendra s/o Gangaram Gurjar died. The contention of the learned counsel for the petitioner is that on 16.1.2008 an encounter between the police party and gang of dacoit Bunty Gurjar took place in which petitioner was also the member of the police party and was serving on the post of Constable. On account of his brave action as he shot down the dacoit Bunty Gurjar and said dacoit died, the Superintendent of Police, Shivpuri on 24.4.2008 recommended for his promotion out of turn. The contention of the learned counsel is that although three persons, namely, Kedar Singh, Arun Kumar and present petitioner Bhupendra Singh were recommended for promotion out of turn, but, only Arun Kumar has been given out of turn promotion whereas the petitioner has been benefited by award of cash Rs. 2,000/- only.

(2.) Learned counsel for the petitioner submits that in an arbitrary manner his candidature to promote him out of turn has been rejected.

(3.) On the other hand, Smt. Patankar, learned Government Advocate submits that the recommendation of the Superintendent of Police, Shivpuri was later on amended on the basis of the amended recommendation as the petitioner was not found fit to be promoted out of turn and therefore, rightly he has not been given promotion out of turn. It has also been put forth by her that out of the availability of the vacant posts, a quota of 10% has been fixed to promote out of turn the eligible police candidates and therefore, the petitioner cannot be promoted out of turn.