- (1.) Heard Sri Sanjeev Singh, learned Counsel for the applicant. The order which I propose to pass in this case, I need not hear opp. party.
(2.) By this contempt application the applicant has sought direction from this Court to comply with the direction of this Court dated 23.5.2008 by which this Court has directed the authorities concerned to reconsider out of turn promotion of the applicant and pass such other and further orders which this Court may deem fit and proper in the facts and circumstances of the case.
(3.) It is stated that vide judgement and order dated 23.5.2008 a Division Bench of this Court has requested the respondents concerned to consider the claim of the applicant for out of turn promotion in the light of the judgements of this Court rendered in case of Ashok Rana v. Home Secretary, U.P. Shasan, Lucknow and Ors.,2002 41 ALR 248 and Puran Singh Mehra v. The State of U.P. and Anr.,2003 ALJ 1673. But while deciding the representation of the applicant in pursuance of direction of this Court dated 23.5.2008, the Director General of Police, Uttar Pradesh has miserably failed to consider the ratio of decisions of aforesaid judgements and erroneously held that the facts of case of the applicant are distinguishable from the facts of aforesaid cases, though the ratio of the aforesaid decisions has full application in respect of the claim of the applicant. He has further submitted that once a Division Bench of this Court has specifically directed the authorities to consider the claim of the applicant in the light of aforesaid decisions, it was not open for the authorities concerned to take different view and distinguish the facts of instant case from the facts of the aforesaid cases.;