ATMARAM SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal filed under Section 2 (1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 29/4/2009 passed by learned Single Judge of this Court in Writ Petition No. 1679/2009 (s).

(2.) THE facts relevant for disposal of this appeal briefly are that the appellant was selected and appointed on the post of Sub-inspector, Police on 1/6/1983. On 7/9/1992, when the appellant was posted as S.H.O. (P), Police Station Bhander, Tehsil Picchore, District Shivpuri, he apprehended a number of accused persons and controlled law and order situation with lot of courage and in the incident he suffered several injuries because of pelting of stones and bricks by a crowd. For his exemplary gallantry act, he was recommended and awarded police medal. His case was then recommended for out of turn promotion under Regulation 70-A of the Madhya Pradesh Police Regulations. Thereafter, he was promoted out ot turn to the post of Inspector with effect from 31/12/1997 i.e. the date on which he joined in the | promoted post. The appellant then filed a representation saying that he should 1 have been given the promotion to the post of Inspector with retrospective j effect i.e. with effect from 7/9/1992, when the incident took place and the appellant displayed his extraordinary courage, but by order dated 1,8/2/2009, his representation was rejected by the Government. The appellant then filed writ petition No. 1679/09 (s) before this Court, but by impugned order dated 29/4/2009, the learned Single Judge has dismissed the writ petition. Aggrieved, the appellant has filed this appeal.

(3.) WE have perused the impugned order passed by learned Single Judge and we find that the learned Single Judge has examined the provision of Regulation 70-A of the Madhya Pradesh Police Regulations and has held that Regulation 70-A does not state that out of turn promotion has to be granted from the date of the incident in which the Constable or Police Officer rendered any meritorious or distinguished service.