SUNIL AMBWANI, J. - (1.) PETITIONER is at present posted as Sub Inspector, Civil Police, Kanpur Nagar. He joined the services on 16th January, 1984. In the year 1999, petitioner was posted at Fatehgarh. An office message was communicated to him on 27 -10 - 1999 by the Senior Superintendent of Police, Farrukhabad for immediate rushing to Village Ishapur. Petitioner immediately rushed to the spot with additional police force and was engaged in operation in which hardened criminal Nem Kumar alias Bilaiya was flushed out from inside a house where he had taken shelter and had opened fire. Petitioner sustained injuries in his forehead. He was immediately taken to the District Hospital, Farrukhabad where he was treated and later on shifted to Priya Hospital, Kanpur.
(2.) THE encounter was widely reported and that petitioner alongwith other police personnels, engaged in the encounter, were recommended for awarding police medal for exhibiting extraordinary courage and gallantry and bravery. Sri Rajeev Krishna, Senior Superintendent of Police, Fatehgarh has also recommended and forwarded petitioner's for out of turn promotion. Vide notification dated 27 -3 -2002, petitioner was declared for award of police medal by the President's Secretariat for gallantry. Government Orders dated 3 -2 -1994 and 19 -1 -1995 provide for out of turn promotion to those police officers who show exemplary courage and bravery in performance of their duties. By impugned order dated 1 -3 -2001, the Superintendent of Police (Establishment) U.P. had informed petitioner that the matter of his out of turn promotion vide Government Order dated 3 -2 - 1994 along with other police personnels, involved in the encounter, was considered by a committee. The Committee has considered all the documents and after taking into consideration all the facts and circumstances, refused to recommend petitioner and other officers for out of turn promotion. By this writ petition, petitioner has prayed for quashing the impugned communication/order dated 1 -3 -2001 as well as for directing the respondents to promote petitioner out of turn to the post of Inspector for showing extraordinary gallantry and courage in the encounter dated 27 -10 -1999.
(3.) I have heard Sri S.M. Haider Zaidi for petitioner and learned standing counsel for the respondents.;