SHIVNATH SINGH BAIS Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Article 226 of Constitution of India assails the order dated 09.08.2007 Annexure P -4 by which recommendation made by the Superintendent of Police to grant out of turn promotion to the petitioner on the post of Assistant Sub Inspector to Sub Inspector of Police under the provisions of Regulation 70(A) of M.P. Police Regulation (for brevity 'Regulations') has been declined by the Director General of Police (for brevity 'DGP') and instead award of Rs. 5,000/ - has been sanctioned for bravery shown by the petitioner in an anti Dacoity operation which took place in the District of Shivpuri leading to elimination of T -9 Gang.

(2.) LEARNED counsel for the rival parties are heard for final disposal of this petition.

(3.) LEARNED counsel for the petitioner contends that the petitioner, who was holding the rank of Assistant Sub Inspector showed unmatched and unprecedented bravery in his capacity as a member of police team which eliminated the T -9 Gang in the encounter which took place on 27.02.2005 at Bhansada khurd, Dist. Shivpuri. It is further contended that the said team comprised of SDOP, Mohinder Kanwar, T.I. D.S. Kushwah, the petitioner and few police constables. The operation conducted by the said team led to elimination of three members of the said T -9 Gang namely Ramesh, Kshetrapal Singh and Kamal Singh Jatav and large amount of arms and ammunitions were recovered from the spot. It is further submitted that the Superintendent of Police, Shivpuri lauding the act of bravery of the petitioner recommended the case of the petitioner for out of turn promotion vide Annexure P -1 dated 05.12.2006. It is further submitted by learned counsel for the petitioner that instead of granting out of turn promotion, the petitioner was merely awarded Rs. 5,000/ - as cash price by the DGP by order dated 09.08.2007 (Annexure P -4). It is further submitted that the petitioner made representation for reconsideration of his case for out of turn promotion by Annexure P -5 dated 08.10.2007, but to no avail. Lastly, learned counsel for the petitioner drew the attention of this Court to the order dated 08.04.2009 of DGP (Annexure P -6) to contend that in case of a constable R.S. Kushwah, who had also been denied out of turn promotion under Regulation 70(A) of the Regulations and merely cash award was granted, on approaching the High Court, whereby, direction was given for reconsideration, the case of the said R.S. Kushwah was considered and DGP granted him out of turn promotion to the post of Head Constable.