HEMKANT THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN the present writ petitions filed under Article 226 of the Constitution of India, the petitioners have prayed for quashing of the order (Annexure P/1) whereby out of turn promotion granted to the petitioners under Section 56 (3) of the Special Armed Force Rules, 1973 (for short 'the Rules, 1973') on 15.9.2009 has been cancelled by the Director General of Police.

(2.) FACTS of the case, briefly stated, are that the said out of turn promotion was granted to the petitioners on account of extraordinary courage shown by them in combating Naxalites, who had camped at nearby forest of village Arlampalli, Kumapara at about 9 am on 17.8.2008. The petitioners were part of armed company who witnessed the Naxalites in 2 tents and thereafter in exchange of fire, 2 female Naxalites and 1 male Naxalite were killed and huge cache of arms, ammunition and Naxal literature were recovered from the spot.

(3.) THE Sub Divisional Magistrate, Konta, District Sukma, who conducted enquiry, submitted his report dated 21.10.2009 (Annexure P/2) wherein he has observed that the persons killed in the encounter could have been caught alive and even if firing was required, the police personnel engaged in the encounter should have fired on them below their waist and not on the upper portion of the body.