SHYAM NARAIN DWIVEDI Vs. STATE OF U P
LAWS(ALL)-2013-9-177
HIGH COURT OF ALLAHABAD
Decided on September 02,2013

SHYAM NARAIN DWIVEDI Appellant
VERSUS
STATE OF U P Respondents




JUDGEMENT

HONBLE SURYA PRAKASH KESARWANI,J. - (1.)IN all these writ petitions, the petitioners have prayed to quash the order/letter dated 16.2.2001 (Annexure -13) issued by Additional Superintendent of Police (Establishment), U.P., Lucknow communicating the decision of the Committee constituted by the Director General of Police (Establishment), U.P., Lucknow for considering the out of turn promotion to police men showing indomitable courage and gallantry as per Government Order dated 3.2.1994.
(2.)BRIEFLY stated the facts of the present case are that as per averments made in the writ petitions, the petitioners were Sub Inspectors of Police. An information on telephone in the night of 17/18.5.2000 was received by the Superintendent of Police, Kanpur Dehat, that notorious dacoit Lala Ram along with his two companions is shortly to go on motorcycle to village Aslanapur through Derapur Road to meet her sister .
As per statement of the Senior Superintendent of Police, Kanpur Dehat (Annexure -8 to the writ petition ) recorded in Crime Case No.48/2000, P. S. Derapur, district Kanpur Dehat, that on receipt of the said information he constituted two teams consisting of 18 police personnel. One team was led by him and the other team was led by Sri G.M. Goswami, Additional Superintendent of Police. The aforesaid two teams when reached on Mungeesapur Crossing and proceeded towards Derapur, a motorcycle was seen on which three persons were sitting including the driver. They were chased by the police team. Thereupon, one person sitting on the motorcycle jumped and ran towards left side of the road and on being chased he started firing. The police team also jointly fired. When the firing stopped, the police team found that the said person was dead and near his right hand a country made pistol of .315 bore with some cartridges was found. The other two miscreants fled away. Later on the dead person was recognised as dacoit Lala Ram. The Sub Divisional Magistrate, Derapur, Kanpur Dehat sent a letter of appreciation dated 20.7.2000 (Annexure -10 to the writ petition ) to the District Magistrate, Kanpur Dehat. The Superintendent of Police, Kanpur Dehat vide D.O.letter of June 2000 sent to the petitioner, appreciated the efforts made by the petitioner. Vide letter dated 7.8.2000 (Annexure -12 ), the Deputy Inspector General of Police, Kanpur Zone, Kanpur recommended for out of turn promotion of nine police personnel and sent it to the Inspector General of Police, Kanpur Zone, Kanpur. A report was called for the consideration for out of turn promotion to the said police personnels. The report was sent by the Inspector General of police, kanpur Zone, Kanpur vide letter dated 17.10.2000 (Annexure -12) to the Deputy Inspector General of Police (Establishment), U.P. Police Headquarter, Allahabad. The committee considered the proposal/recommendation for one rank promotion in the light of the Government Order dated 3.2.1994 and examined the matter. The committee did not recommend for out of turn promotion to the aforesaid persons including the petitioners and recorded reasons therefor. The relevant portion of the letter dated 16.2.2001 communicating the decision of the committee to the petitioners is reproduced below : .........[vernacular ommited text]...........

(3.)IN paragraph 3(1)(d) of the counter affidavit, the conclusion of the committee has been mentioned, which is being reproduced below : .........[vernacular ommited text]...........


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