Ashok Bhushan, J. - (1.) This is a writ petition praying for quashing of order dated 27.11.1997 passed by the Director General of Police, Uttar Pradesh by which the claim of the petitioner for out of turn promotion has been refused. Petitioner has further prayed for issue of a writ of mandamus commanding the respondents to grant promotion to the petitioner in view of the Government order dated 3.2.1994. Petitioner is working as Sub-Inspector of Police. Petitioner Initially joined as constable on 30.11.1971 and through rankers examination, he was selected as Sub-Inspector of Police. The petitioner in writ petition has stated that he has earned several gallantry awards. The State Government issued a Government order dated 3.2.1994 which has been filed as Annexure-1 to the writ petition. The Government order provides that those police constables/Sub-Inspectors who have shown "Adamya Sahas" indomitable courage and 'Shaurya" gallantry in an encounter or arrest of dreaded terrorist or heinous criminal will be given out of turn promotion. The aforesaid Government order has been issued to give boost to morale of police force. Thus, for getting out of turn promotion in accordance with the aforesaid Government order, following conditions should exist : (i) the act of the police officer should demonstrate Indomitable courage and gallantry, (ii) the above action should be while encountering or arresting the dreaded terrorist or heinous criminal. Petitioner's case is that on 12.4.1994 while conducting checking of vehicles, a Maruti car came without number from the side of Javar which was signalled to be stopped by constable Madhur Prakash and Rajpal. The car slowed down and stopped on the 'Patari' of Nahar as soon as constable Madhur Prakash took steps to get open the window of said car to search, one criminal came down from the car and snatched the rifle of constable Madhur Prakash and fired from the same rifle which missed the target. After hearing the fire and noise of constables, the petitioner along With fellow persons of the force started towards the car of the criminals and at that moment, criminals from the car fired on the Jeep damaging the window screen : and the head-light of the Jeep. On this petitioner and fellow policemen fired by taking position. Petitioner's case is that he warned the criminals on which he fired and in self-defence petitioner fired from the rifle A.K.-47 and due to exchange of fires person who snatched the rifle fell down and two other criminals ran away in Maruti car. The dreaded criminal was identified as Mahendra Fauji. Petitioner stated that an F.I.R. was lodged of the incident by the petitioner himself on 12.4.1994. Mahendra Fauji was dreaded criminal on which the State Government has declared reward of Rs. 2,00,000. The Senior Superintendent of Police, Bulandshahr, sanctioned the payment of the award to all 12 persons of the police party. It was further stated that the Delhi Government has also declared award, which too was distributed amongst all 12 members of the police force.
(2.) Petitioner's further case is that in view of the Government order, dated 3.2.1994, his case was recommended for out of turn promotion by the Superintendent of Police. Deputy Inspector General of Police and Inspector General of Police. The committee empowered to consider the recommendation for purposes of granting out of turn promotion refused the claim of the petitioner vide its decision dated 5.5.1995. Against the order dated 5.5.1995, petitioner filed a Writ Petition No. 21428 of 1995 which was disposed of by this Court on 8.7.1997 directing the consideration of the petitioner's case afresh after quashing the order dated 5.5.1995. A copy of judgment of this Court dated 8.7.1997 is annexed as Annexure-20 to the writ petition. After the Judgment of this Court dated 8.7.1997, the claim of the petitioner was again considered by the committee. The committee again considered the relevant facts and has refused the claim of the petitioner of out of turn promotion. The order dated 27.11.1997 was issued by the Director General of Police and the said order has been filed as Ahnexure-25 to the writ petition. The petitioner has filed the present writ petition challenging the order dated 27.11.1997.
(3.) Counter-affidavit and rejoinder-affidavit have been exchanged and the petitioner has also filed a supplementary-affidavit dated 15.5.2001 to which a supplementary counter-affidavit has also been filed by the learned standing counsel. With the consent of the parties, the writ petition is being finally decided.;