SHAMBHU NATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has filed this writ application for a direction to the respondents to consider his case for out -of -turn promotion in accordance with law.

(2.) SHORT facts of the case are that in an incident which took place on 18/19.12.1993, petitioner led a policy party to encounter hardened criminals and, due to bravery and courageous act of petitioner and other members of the police party, four hardened criminals were shot dead. The courageous act of petitioner and others was appreciated and ultimately names of petitioner and others were recommended for police medal to the Government of India. A detailed report with regard to encounter with the hardened criminals was submitted by the Superintendent of Police, Katihar through letter no.19 dated 10.01.1994, vide Annexure -4. In the report, details in respect of incident were narrated and in the concluding sentence, following recommendations were made: .........[vernacular ommited text]........... However, recommendation by the S.P. as made in the above sentence was not considered. Hence, petitioner has filed this writ application.

(3.) LEARNED Additional Advocate General No.6 submits that Annexure -4 is not a recommendation in true sense for consideration of the case of petitioner for out -of -turn promotion.