Shishir Kumar - (1.) BY means of the present writ petition the petitioner has approached this Court for a writ of certiorari quashing the impugned order dated 13.12.2004 (Annexure 10 to the writ petition). Further a writ in the nature of mandamus directing the respondents to consider the claim of the petitioner for out of turn promotion to the rank of Inspector on the basis of recommendation made by the Inspector General of Police, Allahabad Zone, Allahabad dated 6.7.2002 and a recommendation of the Superin-tendent of Police, City Allahabad dated 4.1.2002, Senior Superin-tendent of Police, Allahabad and Deputy Inspector General of Police, Allahabad Range, Allahabad dated 19.6.2002.
(2.) PETITIONER on the basis of advertisement in the year 1987-88, appeared in the examination for appointment to the post of Sub-Inspector. The petitioner was not sent for training, as such, the petitioner and another similarly situated persons filed a Writ Petition No. 18930 of 1989 and the writ petition was allowed on 15.3.1991 and this Hon'ble Court had directed that remaining 39 vacancies for the sessions 1987-88 shall be filled up from the remaining candidate of the select list. PETITIONER completed the training and was given appointment on the post of Sub-Inspector in the year 1994. Petitioner submits that according to Para 403 of the Uttar Pradesh Police Regulation, the appointment to the rank of Inspector are being made by the Deputy Inspector General by promotion on post of Sub-Inspector on the basis of recommendation of Inspector General of Police (Establishment). The State Government had issued a Government order on 3.2.1994 for providing out of turn promotion to the Sub-Inspectors of Civil Police to rank of Inspectors of Civil Police for their outstanding performance. Subsequently, procedure has been provided in another Government order dated 10.2.1994 in continuation of the Government order dated 3.2.1994. Petitioner was posted as Station Officer of Police Station Attarsuiya, District Allahabad and during this period, the petitioner gundown harden criminal namely Samer Bahadur Singh alias Sajju Kana and an award to that effect was given to the petitioner. During that period the petitioner has done various outstanding performance and on that basis the authorities who are empowered under the Government order has recommended the claim of the petitioner. The petitioner has also annexed the copy of achievements which he has performed during this period are being reproduced below : ...[VERNACULAR TEXT OMMITED]...
(3.) ON the basis of the aforesaid outstanding performance of the petitioner, the claim of the petitioner for out of turn promotion was recommended by the then S. P. Singh, Superintendent of Police, Allahabad which is annexed as Annexure-4 to the writ petition. Then the claim of the petitioner was also recommended by the Senior Superintendent of Police, Allahabad for awarding out of turn promotion to the petitioner. Regarding the encounter of harden criminal Samar Bahadur Singh alias Sajju Kana, a magisterial enquiry was held and the City Magistrate has also recommended the claim of the petitioner vide its recommendation letter dated 7.2.2004. ON that basis, the Deputy Inspector General of Police has also recommended the claim of the petitioner by its recommendation dated 6.7.2002 (Annexure-6 to the writ petition). The claim of the petitioner has also been recommended by the Inspector General of Police, Allahabad Zone, Allahabad for giving the petitioner out of turn promotion on the basis of outstanding performance of the petitioner vide its recommendation dated 6.7.2002. Petitioner submits that in spite of the aforesaid recommendations and documents, the claim of the petitioner has been rejected vide its order dated 18th March, 2005 (Annexure-10 to the writ petition).;