HASSAN KHAN Vs. STATE OF MP

JUDGEMENT

(1.) CASE of the petitioner is that he in the capacity of Constable with the police team participated in face to face encounter with Dacoits on 9-5-1998. Dacoit Vimles Jatav was killed in encounter by the police party. S. P. , gwalior recommended the case of petitioner and other constable for out of turn promotion vide Annexure A/6. Inspector General of Police, Gwalior gave out of turn promotion to the petitioner to the post of Head Constable vide order dated 9-5-1998 contained in Annexure A/7. It is stated that petitioner has joined on the said post on 9-5-1998 and had been working on the promotional post since then. After lapse of more than two years, petitioner was served with the impugned order contained in Annexure A/8, declining thereby approval for out of turn promotion to the petitioner. This has been challenged in the Original application before State Administrative Tribunal which came up for hearing today on account of abolition of State Administrative Tribunal.

(2.) SHRI Katare, learned Advocate contended that petitioner was duly promoted on the post of Head Constable in out of turn manner and cannot be reverted to the post of Constable in the impugned manner. It is further contended that no opportunity of hearing was provided to the petitioner who was working on the promotional post.

(3.) IN the return it has been stated that Annexure A/7 is merely a wireless communication. Moreover, on the recommendation by Inspector General of police but in absence of approval from Director General of Police no out of turn promotion could have been granted by the I. G. P. Even in Annexure A/7 it was clearly mentioned that the case for obtaining the formal sanction for out of turn promotion was forwarded to PHQ, Bhopal. Thus, it is amply clear that there was no approval for out of turn promotion to the petitioner and such approval having been declined no infirmity is found in Annexure A/8.