RAJESH SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Kamal Nayan Choubey, learned Senior Counsel for the petitioner and Mr. Anshuman Singh, learned AC to PAAG-I.

(2.) The present writ application has been preferred by the petitioner for direction to respondent authorities to consider grant of out of turn promotion to the petitioner. The relief prayed for reads as follows:-

(3.) The factual matrix of the case would unveil that the petitioner was appointed as Sub-Inspector in Bihar Police in the year 1994. Thereafter, the petitioner participated in a police encounter with armed extremists belonging to MCC, wherein the encounter led to liquidation of 9 MCC Activists, who were planning to attack a police picket. In the course of such encounter sophisticated arms, including SLR Carbines, Pistols, DBBL guns, etc., were recovered, which were robbed by the MCC ultras from BMP Jawans at Bhrigurari festival and concerning which Goh P.S. Case No. 115 of 1997 was registered under Ss. 396, 397 and 364 of the IPC. Thereafter, the petitioner performed courageous police service which resulted in, the petitioner being awarded with several medals and awards, as is detailed and contained in Annexures-5 to 10 of the writ application. Consequently, the S.P., and the D.I.G. recommended for President Police Medal and out of turn promotion in view of Rules 660(C) of Bihar Police Manual but the petitioner has not been given out of turn promotion till date.