S.C.CHAURASIA,J. - (1.) THIS writ petition has been filed with the prayer that a writ, order or direction in the nature of certiorari may be issued quashing the Judgment and order dated 29-03-2007 passed by the opposite party no. 2 in Claim Petition No. 1356 of 2005, Ram Pratap Verma Versus State of U.P. and Others, contained as Annexure No. 1 to the writ petition, and a writ order or direction in the nature of mandamus may also be issued commanding the opposite parties not to compel the petitioners to comply with the impugned judgment and order dated 29-03-2007.
(2.) THE brief facts, giving rise to this writ petition, are that the opposite party no. 1, Ram Pratap Verma, was appointed as Sub-Inspector of Police in January, 1984, after completion of training. He arrested a notorious criminal Ram Phali, on 05-09-1986, who was involved in several cases of extortion, criminal intimidation and murder etc., while he was posted at Police Station-Nagram, district-Lucknow. After arrest, the accused, Ram Phali, was carried to the police station-Nagram, and after making necessary entries in the record, he was required to be produced before the Magistrate. No vehicle was available at the police station. The opposite party no. 1 alongwith his colleague, Sri R.S.Pushkar, Sub-Inspector, and the accused Ram Phali, was going to the court on a motorcycle. Sri R.S. Pushkar was driving the motorcycle and the opposite party no. 1 alongwith the accused was sitting behind him. The roadways bus was coming from the opposite direction near the town of Mohanlalganj. The motorcycle was disbalanced and met with an accident. The opposite party no. 1 lost consciousness and his leg had to be imputed. The F.I.R. of the incident was lodged at the police station. The opposite party no. 1 moved an application on 22-05-1995 for his out of turn promotion, on the basis of the said incident, in accordance with the Government order dated 03-02-1994, on which a recommendation was made by the Inspector General of Police(Administration), contained as Annexure No. 5 to the Claim petition. After considering the application of the opposite party no. 1, the Government vide letter no. 3670/6-1-96-90 (49)/95 dated May 1996, rejected the request of the opposite party no. 1 for out of turn promotion being not covered under the Government Order No. 6650(1) CHHA:PU-1-24/93 Lucknow: Dated: 03-02-1994. Copy of the rejection letter dated May, 1996 is contained as Annexure No. 6 to the Claim Petition and the copy of the government order dated 03-02-1994, is contained as Annexure No. 2 to the Claim Petition. The opposite party no. 1 filed a Claim Petition no. 443 of 1997 challenging the said rejection order dated 01-05-1996 along with prayer for consideration of out of turn promotion, which was contested by the petitioners. After hearing, the said claim petition was allowed vide judgment and order dated 09-02-2001, and the said order dated 01-05-1996 was quashed and the writ petitioners were directed to consider the case of the opposite party no. 1 for out of turn promotion in the light of the observations made in the judgment for the post of Inspector/equivalent post for the extraordinary courage and bravery shown by the opposite party no. 1, causing him permanent disability by imputation of his leg. In pursuance of the said judgment and order dated 09-02-2001, the case of the opposite party no. 1 for out of turn promotion was again considered by the government and a detailed and speaking order was passed on 27-08-2001. No justification was found for out of turn promotion of the opposite party no. 1 in the light of the government order and the matter was disposed of accordingly, contained as Annexure No. 1 to the claim petition.
(3.) THE opposite party no. 1 felling aggrieved by the said order dated 27-08-2001, filed the Contempt Petition no. 202 of 2001 before the Public Services Tribunal. The Tribunal framed the charge in respect of the disobedience of the order dated 09-02-2001 passed by the Tribunal in Claim Petition No. 443 of 1997, and issued notices to the Secretary, Home Department under section 17 of the Contempt of Courts Act, 1971 vide order dated 15-04-2004, contained as Annexure No. 11 to the Claim Petition. The Writ Petition no. 1622 (S/B) of 2004 was filed by the petitioners in this court challenging the impugned judgment and order dated 09-02-2001 passed in Claim Petition No. 443 of 1997 and against the order dated 15-04-2004, passed in Contempt Petition No. 202 of 2001. This court vide order dated 13-12-2005, directed that "the contempt proceedings in contempt petition no. 202 of 2001 pending before the State Public Services Tribunal, shall remain stayed till further orders of this court. However, it will be open for the opposite party no. 1 to challenge the order dated 27-08-2001, in accordance with law, if he is so advised. In case, any claim petition is filed within ten days from today, the same shall not be dismissed by the Tribunal on the ground of limitation.";