MANOJ TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner, a Constable in Police Department, has challenged the legality, validity and propriety of the action of respondents in not awarding him out of turn promotion. On 13.7.2009, an incident of dacoity took place at Ashok Nagar, Guna road. The dacoits were caught and money was recovered. The petitioner along with another Constable Sanjay Gupta played an important and crucial role in this regard. Accordingly, the Superintendent of Police (S.P.), Guna by communication dated 15.10.2010 recommended the name of the petitioner and Constable Sanjay Gupta for out of turn promotion. Another letter of same date (15.10.10) was written recommending the name of the petitioner and Constable Sanjay Gupta. After the recommendations, the respondents gave out of turn promotion to Constable Sanjay Gupta by communication dated 1.3.2011 (Annexure P -5). However, the petitioner was only given Rs. 1000/ - as cash award.

(2.) THE grievance of the petitioner, as canvassed by Shri Sanjay Sharma, Advocate is that Annexure P -2 and P -3 shows that the petitioner has performed similar nature of duties. Their involvement is of same degree and, therefore, there is no justification in not giving out of turn promotion to the petitioner. It is submitted that the action of the respondent is discretionary in nature and hits Article 14 of the Constitution. He has relied : 2012 (2) M.P.L.J. 218 (Bhupendra Singh Tomar Vs. State of M.P. And others) in this regard.

(3.) I have heard the learned counsel for the parties and perused the record.