Surendra Vikram Singh Rathore, J. - (1.) BY means of this petition, the petitioner has challenged the order dated 14.5.2009 passed by respondent No. 1 whereby the claim of the petitioner for out of turn promotion/gallantry award was declined.
(2.) IN brief, the grievance of the petitioner is that the petitioner was working on the post of Sub Inspector of Police in the police department of Uttar Pradesh. During the course of his services, he was deployed in the Special Task Force ( hereinafter referred to as S.T.F) and was deputed in ante terrorists operation. One Salar alias Salim alias doctor who was a hardened terrorist belonging to the group of "Lashkare Tayaba" and was wanted in several cases. There was an award of Rs. 50,000/ on his arrest. Copy of criminal history of the said terrorist has been filed as Annexure -2 to this writ petition, which shows a criminal history of 18 cases. On 8.3.2006 an information was received by the S.T.F. regarding the aforementioned terrorist and an encounter took place. The petitioner was also a member of the police party which took part in the said encounter and had shown exemplary courage and bravery and without caring for his life took active part in the said ante terrorist operation. In exercise of power under section 2 of the Police Act, 1961, the State Government has issued circular dated 3.2.1994 which provides for grant of out of turn promotion to the Sub Inspectors and Head Constables on the posts of one rank higher on the ground of exemplary courage and bravery against hardened criminals or terrorists. The Superintendent of Police S.T.F Lucknow recommended the name of the petitioner for grant of out of turn promotion and in the said recommendation (Annexure -4 dated 28.1.2007), it was specifically mentioned that the petitioner showed exemplary bravery and courage in the ante social terrorist operation. Thereafter in pursuance of the letter of Additional Director of S.T.F., Lucknow dated 10.5.2007, the matter was again reviewed by the S.P., S.T.F. and again vide letter dated 9.6.2007 (Annexure -5) recommended the name of the petitioner for his out of turn promotion. In the said letter, it was specifically mentioned that this matter was discussed with the Director General of Police on 9.6.2007 during his visit to S.T.F. and he was also in agreement with the S.S.P. S.T.F. for grant of out of turn promotion to the petitioner. Inspector General of Police Sri A.K.Jain, vide his letter dated 12.6.2007 (Annexure -6) expressed his concurrence with the view of the S.P. S.T.F and also recommended the matter for necessary action. The opposite party No. 1 when did not take any action in the matter, the petitioner along with three other police personnel who also participated in the said encounter filed writ petition No. 7901 (SS) of 2008 Amar Singh Raghuvanshi and others Vs. State of U.P. and others with the following prayer, "A writ, order or direction in the nature of mandamus thereby commanding the opposite parties to provide the petitioners out of turn promotions on the next higher posts on the basis of recommendations made by the higher officers as well as circular dated 3.2.1994 contained in Annexure - 7 to this writ petition , forthwith." This court vide order dated 15.12.2008 disposed of the aforesaid writ petition finally with the following direction, "The grievance raised by the petitioner at the first instance has to be looked into, examined and remedied by the concerned authority. As such liberty is being given to the petitioner to file a fresh representation before respondent No. 1. In case the representation is filed it may be decided by respondent No. 1 by a speaking order, in accordance with law , if possible within one month from the date of receipt of the representation. The petitioner will file a certified copy of this order along with his representation. The petitioner will file a certified copy of this order along with his representation. Respondent No. 1 after taking decision will communicate the same to the petitioner."
(3.) IN compliance of the said order, the petitioner filed fresh representation on 21.12.2008 to the opposite party No. 1 along with other applicants and again pressed his prayer for grant of out of turn promotion but the opposite parties did not comply with the order passed by this court on 15.12.2008 and the petitioner had to file contempt petition Criminal Misc. Case No.804 of 2009 (Contempt) before this court and thereafter the representation of the petitioner was rejected vide order dated 14.5.2009. The grievance of the petitioner is that the authorized committee who had scrutinized the matter, in its meeting dated 27.11.2007 considered the matter and the committee was of the view that the work shown by the petitioner and others did not fall within the category of exemplary courage and bravery. In the said order, the recommendations, reference of which has been made earlier in the earlier part of the judgment was not at all considered.;