R.B.Misra - (1.) -In this writ petition order dated 17.11.1997 (Annexure-13 to the writ petition) issued by the Deputy Inspector General of Police (Karmik) Uttar Pradesh by means of which the Inspector General of Police, Meerut Zone, has been informed that the recommendation of the petitioner for out-of-turn promotion to the post of Inspector of Police has been rejected on the ground that the special committee constituted in that regard has not found any special role played by the petitioner individually which might entitle him to get out-of-turn promotion as per the Government order dated 3.2.1994.
(2.) HEARD Sri V. K. Shukla learned counsel with Sri Ram Sajiwan for the petitioner as well as Sri B. K. Pandey learned standing counsel for the respondents. Brief facts, necessary for adjudication of the present writ petition, are that the petitioner at the crucial time was posted as S.S.I. Police at police station Pilkhuwa, district Ghaziabad, it was learnt that on 11.11.1995, that Inspector-in-charge of the police station Pilkhuwa along with some other police personnel had surrounded 5-6 notorious elements (history sheeters). It appears in the above operation those bad elements started firing over the police party and in retaliation, the exchange of fire were made. The exchange of fire and operation prolonged for about 8 hours and even the senior police officers were kept abreast of such operation on radio-telephone set, pursuant to which the petitioner along with others reached the area of operation at 7.30 a.m. where the encounter and fire exchange were going on, at that time the member of the police party were not aware about the details of the persons surrounded because heavy firing was going on. The petitioner along with some other police personnel entered sugarcane field where the notorious elements were hidden. One companion of the petitioner Sri Kripa Shanker Katiyar, Station Officer, Police Station, Mussorie, Ghaziabad, was directly affected as a consequence of burst of firing on behalf of the notorious elements. Consequently, Sri Kripa Shanker Katiyar, S.O., was hit in his chest by bullet then fell down and had succumbed to the injuries at the spot. The petitioner also sustained bullet injuries on his head and shoulder in such operation. In all, there were three bullet injuries sustained by the petitioner including one bullet injury on parietal region and one on the shoulder, but despite these serious injuries, the petitioner did not retrace his steps and maintained his courage and continued to proceed ahead. It was very convenient for the petitioner to have taken shelter behind his injuries, but the petitioner without caring for his life, was continuously involved in the operation where many of the notorious elements were killed and some made their escape from the spot. The operation prolonged about eight hours where the petitioner remained involved in the operation despite serious injuries. The petitioner remained at the spot at the stake of life risk and in peril and after that was over the four notorious persons were killed including the gang leader known as 'Gangster Pappu' son of Sukkha Singh, particularly known as dangerous gangster of the region.
(3.) IT is pertinent to mention that Senior Superintendent of Police, Ghaziabad, submitted his report (Annexure-1 to the writ petition) to the D.I.G., Meerut Region, giving graphic details of the entire episode, operation and details of the part played by various police personnel participated in the operation of encounter, where the role of the petitioner was given in much detail indicating that the petitioner has showed extra courage and bravery without which the entire episode and risky operation could not have been successfully done. The Superintendent of Police has further concluded that the petitioner along with others has exhibited extraordinary courage and devotion to duty for which he is entitled to out-of-turn promotion. After the encounter, a Magisterial enquiry submitted its report to the District Magistrate who in turn recommended the claim of the petitioner for out-of-turn promotion acknowledging that extraordinary courage was shown by the petitioner. This letter of District Magistrate dated 6.3.1996 alongwith report of Magisterial enquiry was also placed before the Committee considering the petitioner's eligibility for out-of-turn promotion. The Enquiry Report has also been annexed as Annexure-4 to the writ petition.;