- (1.) The Special Appeal is directed against a judgment and order of the learned Single Judge dated 13 January 2014. The appellant before the Court filed a writ petition seeking a mandamus to the Director General of Police, who is impleaded as the second respondent, to grant him an out of turn promotion to the post of Inspector on the basis of the recommendations made by the Senior Superintendent of Police, Varanasi, the Superintendent of Police, Chitrakoot, Superintendent of Police, Jaunpur and the Special Director General of Police, Law, Order and Crime, Lucknow.
(2.) The appellant was appointed as a Sub-Inspector in the Civil Police in 2001-02. The case of the appellant is that on 7 October 2008, an encounter took place under the Police Station Bhelupur in District Varanasi involving a hardened criminal who was killed in the course of the encounter. The name of the appellant was recommended by the Senior Superintendent of Police, Varanasi for an out of turn promotion. Again on 7 August 2009, the appellant claims to have been part of a team which was engaged in an encounter with a dacoit who was arrested. According to the appellant, the Superintendent of Police, Chitrakoot made a strong recommendation of his case for an out of turn promotion. Similarly, in 2009 when the appellant was posted as a Station House Officer at Police Station Rajapur in District Chitrakoot, an encounter took place over a period of fifty-two hours with a dreaded dacoit, following which the Special Director General of Police, Law, Order and Crime recommended the case of the appellant for an out of turn promotion. These details have been furnished by the appellant in paragraph 3 of the writ proceedings and we must hasten to clarify at this stage that we are not called upon to express any view on the veracity of the statement of facts.
(3.) A counter affidavit filed on behalf of the State specifically adverts to the duties rendered by the appellant in the course of several encounters. The affidavit would indicate that the Committee, which was constituted for considering the recommendations for grant of an out of turn promotion to the appellant, was seized of the issue. A counter affidavit was also filed by the Deputy Superintendent of Police, Shahganj, District Jaunpur.;