SABZAR AHMAD Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) THE petitioner was posted as Division Officer, Qamarwari on 29th November, 2010. He along with his escort party was performing Naka duty at Qamarwari Chowk on the said date. Three militants carrying small weapons and 3 grenades fired upon the said police party, resulting in on spot death of Senior Grade Constable, Mohammad Ashraf No. 1653/S. One of the militants tried to snatch the service rifle of the deceased constable. The petitioner and his PSO's showed presence of mind and retaliated with their weapons which resulted in death of all the three militants on spot. These facts are reflected in the communication dated 29th November, 2010 send by Dy. Inspector General of Police, CKR, Srinagar to Director General of Police J&K Jammu. The Dy. Inspector General of Police, in the communication, stated that the act of the petitioner and his other police personal was specific and exemplary action. It is also informed in the said communication that action by the police party saved many civilian lives at Qamarwari, otherwise a busy market area. Recommendations were made for grant of out of promotion in favour of three constables and one head constable to next higher rank. In respect of petitioner also recommendation was made for his out of turn promotion to the rank of Inspector. Recommendations were made to the PEB. Request was made for sanction of cash award of Rupees five lacs in favour of SSP Srinagar for its further distribution among the police party.

(2.) THREE constables and head constable were given out of turn promotion to the next higher rank. The claim of the petitioner for grant of out of turn promotion to the rank of Inspector was rejected vide order dated 13th August, 2012. The recommendation made in favour of the petitioner for grant of out of turn promotion to the grade of Inspector was rejected on the ground that there was not direct role of the petitioner in neutralizing the militants who had martyred the police constable. This order was challenged by the petitioner in SWP No. 797/2012, which writ petition was disposed of by this Court vide Judgment dated 31st October, 2013. The relevant portion of the Judgment is taken note of:

(3.) THE respondent (Director General of Police) vide order No. 03/2015 dated 13th February, 2015 again rejected the claim of the petitioner for grant of out of turn promotion on the same ground on which the earlier order was passed which stood quashed by the Court, viz that he had no direct role in killing of the militants.