- (1.) SHISHIR Kumar, J. The present writ petition has been filed for quashing the impugned order dated 13-11-2003 passed by Director General of Police U. P. Lucknow (Annexure-1 to the writ petition ). Further issuing a writ in the nature of certiorari quashing the impugned orders dated 13-4-2001 and 4-8-2001 passed by Director General of Police U. P. Lucknow to the extent by which the petitioner has been promoted to the post of Head Constable in armed police.
(2.) THE facts arising out of the present writ petition are that the petitioner was appointed as Constable in the civil police in the year 1993. Although the petitioner was inducted in the Civil Police, the Deputy Inspector General of Police, Allahabad Range, Allahabad, in exercise of power under Regulation 525 of the Police Regulation transferred the entire batch from Civil Police to Armed Police. It is relevant to state here that the aforesaid order was not a permanent order but the same was passed to resolve shortfall in armed police. THE State Government constitute a Special Task Force in District Allahabad in the year 1998 and the services of the petitioner were inducted in Special Task Force. THE Special Task Force was created for the purposes of ejecting crime from District Allahabad and further to forcefully and effectively combat organized crime being conducted by various groups and individuals in the district Allahabad. As the petitioner shows exemplary courage, honesty and integrity towards their duties, the petitioner was inducted in the Special Task Force, which basically carries out the work of Civil Police. Regulation 396 of the Police Regulations provides that the police force shall consist of following: (i) Provisional Police, Civil, Armed and mounted Appointed and enrolled under Act V of 1861 (ii) Government Railway Police (iii) Village Chaukidars Appointed in Agra under Act XVI of 1873 and in Oudh under Act XVIII of 1876. Not enrolled under Act V of 1801. The Regulation 65 of the Police Regulations lays down the functions of the Armed Police. The same is being reproduced below: "65. The Armed Police are intended for the protection and of treasuries, tehsil and lockups, for the escorts of treasures, prisoners and Government property, for service on magazine and quarter guards, for the suppression and prevention of disorder and crimes of violence, and for the pursuit and apprehension of dangerous criminals. This branch of the force is under the Special charge of the Deputy Inspectors General who are responsible that Superintendents maintains discipline and efficiency. " The functions of the Civil Police is purely prevention of crime. The petitioner was appointed as constable in Civil Police. Their prime job is prevention of crime as mentioned in Regulation 61, which is being reproduced below: "61. Constable of the Civil Police will not be armed except on special occasions. Their principal duty is the prevention of crime. They must be courageous and considerate to the public whose servants they are. Every constable on duty, except when deputed on special detective work requiring disguise, shall wear the prescribed uniforms. "
(3.) IN the year 1999, the Director General of Police constituted Special Operation Group in all districts of Uttar Pradesh. The best officers of the district who has proven courage, integrity and honesty are included in the Special Operation Group. The petitioner was made member of Special Operation Group in district Allahabad. The purpose was to deal effectively and forcefully with hardened criminals and gangs engaged and operating in criminal activities. Since 1998, the petitioner was responsible for eliminating large number of hardened criminals in police encounters and were also instrumental in busting international arm trade in the district of Allahabad and unearthing fake currency in huge quantity etc. Few of the achievements of the petitioner is being enumerated herein below: (i) On 26-6-1998, a history shetter Pramod Kumar Sonkar alias Pintoo Kana was eliminated in police encounter, (ii) On 27-7-1998, 14 four wheelers were recovered from an interstate gang of auto lifters. (iii) On 28-8-1998, a gang dealing in ornaments was busted and ornaments worth Rs. 10,05,000/- were recovered, (iv) On 27-9-1998, Kalim Panda a history-sheeter was eliminated in police encounter, (v) On 24-11-1998, an international gang dealing in fake currency was busted and international fake currency of the value of Rs. 11,50,000/-was recovered, (vi) On 20-4-1999, a history-sheeter Amit alias Umi was eliminated in police encounter, (vii) On 10-6-1999, Shailesh alias Babloo Chaurasiya, who was involved in international illegal of arms and ammunitions were seized from him. (viii) On 15-6-1999, the head of gang No. 8 of Uttar Pradesh i. e. Lakhna Pandit and his aid Ajmuddin were eliminated in police encounter, (ix) On 19-7-1999, the docoity committed in the shop of Rana Jewelers, Civil Lines, Allahabad was solved and 9 dacoits were arrested and the loot worth Rs. 10,28,000/- was recovered from them. (x) On 7-1-2000, a history-sheeter and train dacoit Arvind Tiwari was shot dead in police encounter, (xi) On 25-7-2000, a dreaded badmash Kullu Pasi and 13 of his associates were arrested and large number of vehicles both two wheelers and four wheelers were recovered from them. (xii) On 14-9-2000, a person was arrested alongwith an idol of Astdhatu worth Rs. 25 lacs. (xiii) On 15-9-2000, interstate road robbers gang was busted and the robbers were arrested alongwith DCM cloths worth Rs. 15,00,000/- (xiv) On 6-11-2000, an international gang dealing in arms and ammunitions was busted with the arrest of Kausher, Munna and Sayeed belonging to the gang of Deepak Banerjee. (xv) On 9-11-2000, Ikramuddin alias Tota, a member of Dawood Ibrahim gang was eliminated in police encounter. (xvi) On 1-3-2000 Rishi Dom and Raju alias Raja who were operating as gangs in several nearby districts, were shot dead in police encounter. The Superintendent of Police (City), Allahabad considering the outstanding performance of the petitioner shown by risking their lives vide letter dated 29-12-1998 sent a proposal to the Senior Superintendent of Police, Allahabad for giving out of turn promotion to the petitioner to the next higher post that is head Constable in Civil Police. A copy of the same has been filed as Annexures 2 and 3 to the writ petition. Thereafter the petitioner vide its order dated 13-4-2001 granted out of turn promotion in Armed Police as Head Constable. The petitioner submits that the petitioner was recommended for out of turn promotion for the work, which he has done while he was performing his duty of civil police. Admittedly, the petitioner was appointed as Constable in Civil Police but for a temporary period, as contemplated in Regulation 525 of the Police Regulations, the petitioner was transferred to Armed Police, therefore, the petitioner was given wrongly promotion as Head Constable (Armed Police) vide its order dated 13-4-2001. The same has been filed as Annexure-4 to the writ petition. After the aforesaid order the Senior Superintendent of Police, Allahabad vide its letter dated 20-4-2001 requested the Director General of Police, U. P. Lucknow, to give out of turn promotion to the petitioner in Civil Police instead of Armed Police as per the Government Order dated 3-2-1994. In turn, the respondent No. 2 directed the Deputy Inspector General of Police (Establishment), Police Head Quarter Allahabad to enquire into the matter and submit a report. The Deputy Inspector General of Police (Establishment) submitted his report on 20-5-2001 categorically recommending for out of turn promotion to the petitioner in Civil Police instead of Armed Police. Subsequently, vide its letter dated 8-5-2001, the respondent No. 3 wrote a letter directing the respondent No. 4 Deputy Inspector General of Police (Establishment), Allahabad Range Allahabad to take steps to transfer the petitioner from Armed Police to Civil Police, in exercise of powers conferred under 525 of the Police Regulation and in the meantime, the promotion of the petitioner was kept in abeyance and it was also directed to inform regarding the action taken. The respondent No. 4 vide its letter dated 10-7-2001 recommended that the approval to the transfer of the petitioner from armed police to civil police may be given so that further action may be taken for giving out of turn promotion to the petitioner. But in spite of so many correspondences and recommendations which have been carried out at different level amongst the top I. P. S. officers, with regard to out of turn promotion, but the reasons best known to the Director General of Police i. e. respondent No. 2, the transfer of the petitioner was not approved by the respondent No. 2 and the same was refused vide order dated 4-8-2001 and a direction was issued to promote the petitioner as Head Constable in Armed Police. Aggrieved by the aforesaid order, the petitioner filed a Writ Petition No. 41373 of 2001 before this Court but the same was dismissed on 10-12-2001 on the ground of alternative remedy. The petitioner approached the Public Service Tribunal as Claim petition No. 190 of 2002, which too was dismissed on 27-3-2002 on the ground that the petitioner has not availed any departmental remedy against the order dated 4-8-2001. Feeling aggrieved, the petitioner again filed a writ petition challenging the order of Tribunal and this Hon'ble Court vide its order dated 13-2- 2003 quashed the orders dated 13-4-2001, 4-8-2001 and 27-3-2002 and the Division Bench of this Court while quashing the order has clearly directed the respondent No. 2 to again apply his mind and pass a fresh order keeping in view of the recommendations of the higher authorities. A copy of the said judgment has been filed as Annexure 12 to the writ petition.;