UDHAM SINGH Vs. STATE

JUDGEMENT

(1.) This petition is admitted to hearing and is taken up for final disposal.

(2.) The Petitioner came to be appointed as SPO in district Doda vide order Book No. 1406 of 1999 dated 09.07.1999 and was adjusted as SPO in Police Station, Ramban. In order to curb the militancy in the area, search operations were launched by SDF, Gool/Ind/IRP 3rd Bn. The Petitioner was one of the members of the said party. During the operation, one militant was killed. Not only this on 25.12.2001, 08.03.2002, 08.01.2002, 28.12.2002 and 25.02.2003 search operations were also launched by STF Gool/Ind in general area of village Dedha. During the said operations, ten militants were killed and in all the above said operations, the Petitioner played an active role in killing the militants. In one of the operations conducted on 15.03.2003 against the militants, some of the colleagues of the Petitioner died due to heavy gun battle and he was also seriously injured as he lost his one eye. Recommendation for his out-of-turn promotion was made by the Deputy Superintendent of Police (Operations), Gool vide its communication dated 18.06.2004. Not only this, his case also stands recommended to the Director General of Police for his substantive appointment in the police department. The case of the Petitioner is that seven SPOs, who were involved in search operation, have been absorbed by the Director General of Police in regular service on 24.04.2003, but till date the recommendation of the Respondents did not bear any fruit which necessitated the Petitioner to file the present writ petition. It is under these circumstances, the present writ petition has been filed.

(3.) The stand of the Respondents on the other hand is that the Petitioner has performed his routine operational duties along with police parties and has not shown any extra ordinary performance in the operations conducted by the police against the terrorists, therefore, the Petitioner is not entitled to any recommendation for his absorption in the police force on regular basis.