- (1.) Heard learned counsel for the parties.
(2.) The question emerges for consideration in this appeal is :- Is it open to the Director General of Police to discriminate between persons similarly situated ?
(3.) The appellant, a constable in CID (CB) was given commendation role in the year 1999 for his extraordinary work in FIR case Nos. 674/96, 678/96 and 679/96 registered at Police Station Sodala, Jaipur. The appellant collected secret information against accused who committed theft of idols. The appellant received award in the sum of Rs. 3,000/- from Director General of Police, Rajasthan (for short 'DGP') for recovering of idol of Lord Mahaveer and other 24 idols. Grievances of the appellant before the learned single Judge was that in a similar situation constable Khem Singh was given promotion under Rule 28-A of the Rajasthan Police Subordinate Service Rules, 1989 (for short Rs. 1989 Rules') but the appellant was not so considered. The Appellant in the writ petition sought direction to promote him from the date on which constable Khem Singh was given promotion. Learned single Judge however was of the view that since under Rule 28-A the discretion to promote or not to promote vested in DGP, no mandamus could be issued. Against this finding of learned single Judge that the present action for filing the appeal has been resorted to by the appellant.;