O.P.GARG, J. - (1.) IN order to boost the morale of the police personnel and to give incentive to the bravery and exemplary courage, enthusiasm and gallantry of the police officers who have risked their lives in devotion to their duty, the State Government in Home Department has is ­sued order No. 665(1) Chha Pu -1 -24/93, dated 3 -2 -1994 for out of turn promotion to such Constables, Sub -Inspector and Platoon Commanders employed in the police force who have show irrepressible favour and courage during the perfor ­mance of their duties.
(2.) THE petitioner Kaushal Kumar Yadav who joined the police force as Sub -inspector in the year 1984 has been recog ­nised to be an officer who is brave couragious and highly committed to his duties. He had been awarded 'Parshasti Patra' and certificates for his excellent per ­formance and devotion to duty by the D.I.G. Agra Zone and the Superintendent of Police, Aligarh. In the year 1994 Sri Yadav came to be posted as Station Officer Their yawn in district Fatehpur Within the jurisdiction of Police Station Kishanpur, Bakebar some notorious criminals fired at police party and in the wrangle one Con ­stable Genda Lal was injured and the miscreants escaped with his official rifle. A report of the incident was lodged on 16 -1 -1994 at P.S. Kishanpur as case crime No. 7 of 1994, under Section 394, I.P.C. against three unknown persons. The present petitioner was asked to shoulder the responsibility to investigate the case. On 23 -1 -1994, during the course of inves ­tigation, the petitioner was successful in apprehending the accused Kamlesh Kori with a country made pistol and on his pointing out the petitioner who was lead ­ing the police party in the night of 24 -1 -1994 raided a thatched house in the field owned by Ram Nihore Sonker 2 k.m. away towards the southern side village Ekdila and challenged the miscreants accused desperadoes who were successful in escaping but in a huff left the looted offi ­cial rifle which was seized by the present petitioner. On the strength of the above event the Superintendent of Police through the D.I.G. of the range sent the proposal for out of turn promotion to the petitioner. The proposal ultimately came in the hands of the D.I.G. headquarters, Allahabad who placed the same along with the sub ­sequent representations of the petitioner before a Committee of 4 members for screening the matter. The recommenda ­tions for out of turn promotion was turned down and it was also approved by the Director General of Police, U.P. who is the competent authority to approve or disapprove the out of turn promotion on the ground mentioned in the aforesaid Government order. The view of the Com ­mittee as has been mentioned in the counter -affidavit was that the act of the petitioner in seizing the official rifle after challenging the miscreants was an ordi ­nary act though praiseworthy, but certain ­ly it does not fall within the ambit of the expression exampalry courage, bravery and gallantary; that there was no danger to the life to any one of the police officers and the petitioner. Therefore, it cannot be said that the petitioner's act was valorous or valiant. It was also concluded that the case of the petitioner is not covered by the Government order dated 3 -2 -1994 as the incident had occurred in January, 1994 i.e. prior to the issue of the Government order.
(3.) THE petitioner shocked and surprised as he was to receive communica ­tion dated 7 -3 -1995 of D.I.G. (Karmik) headquarters and passed on by letter dated 14 -3 -1995 written by Superintendent of Police, Fatehpur Annexure -3 to the writ petition, has filed the present writ petition under Article 226 of the Constitution of India with the prayer that the aforesaid communication be quashed and the respondents be commanded to grant out of turn promotion to the petitioner in the light of the Government order dated 3 -2 -1994.;