1 W.P.No.1394/2010(s) 14.02.2013 Ms.Durgesh Thapa, learned counsel for the petitioner.
Shri S.M.Lal, learned Govt.Advocate for respondents.
Heard.
Petitioner, Head Constable , Special Armed Force, posted in 6th Battalion, vide present writ petition seeks direction to consider him for out of turn promotion in terms of the provisions of Rule 56(3) of the M.P.Vishesh Sashastra Bal Niyam, 1973.
Claim for out of turn promotion is mounted on the incident which took place on 21.4.1999 while the petitioner was on duty as Security guard Member of Legislative Assembly Shri Harnam Singh Rathore , when certain miscreants assailed the member and in alleged self defence petitioner opened fire with his fire arm resulting in death of one miscreant.
The claim has been denied by the respondent on the ground that the incident has resulted in registration of an offence against the petitioner under Section 302/34 Indian Penal Code and though a Khatma report has been furnished , the Judicial Magistrate FiRs.Class Banda has not yet accepted the same and the matter is pending.
It is urged that for these reasons the claim for out of turn promotion is not being considered.
2 The provision whereunder the mandamus is sought stipulates: “(3).Notwithstanding anything contained in the rules, the Deputy Inspector-General of Police may promote a constable to the rank of a Head Constable , and with the approval of the Inspector-General of Police a Head Constable to the post of Platoon Commander, who has distinguished himself in anti-dacoity operations, law and order situations, or shooting competitions, or in some other field of duty, [xxx].or who has been awarded the Indian Police Medal, or the President's Police Medal and Fire Services Medal for Gallantry, or for distinguished service or for meritorious service, if he considers him suitable for promotion.
The numbers of officers promoted under this rule shall not exceed 10 per cent of their strength.
Similarly, the Inspector General of Police may promote a Platoon Commander to the post of Company Commander or Company Second-in- Command on similar grounds if he finds him suitable for promotion to the rank.”
Thus unless distinguished himself in law and order situations or in some other field of duty an incumbent is not entitled for benefit under Rule 56(3) of the Rules 1973.
In case at hand petitioner's alleged act of bravery has prima facie been viewed as a crime leading to registration of an offence and unless cleared of from the stigma he has no vested right to seek a mandamus to respondents to consider his claim for out of turn promotion.
3 In view whereof, the direction as sought for cannot be granted.
In the result, petition fails and is dismissed.
No costs.
(SANJAY YADAV) JUDGE Loretta & das