Court No. - 30 Case :- WRIT - A No. - 2853 of 2008 Petitioner :- Shatrughan Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Rashtrapati Khare,Neeru Srivastava Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and the learned Standing
Counsel.
The petitioner claims out of turn promotion on the ground that he had
exhibited exemplary courage when he was on leave at his village and
helped the police in gunning down three miscreants who were involved
in a case of kidnapping.
Learned counsel contends that the citation was issued by the
Superintendent of Police in favour of the petitioner and the amount of
courage exhibited by the petitioner was noted in the said citation which
categorically demonstrates that it was the petitioner’s effort which
brought about the end of three miscreants.
Learned Standing Counsel on the other hand contends that the
Committee in its meeting dated 2nd November, 2007 made an overall
assessment of all the factors and it was found that a fairly big contingent
of police force had conducted a raid and the local villagers were also
involved including the petitioner. It was the combined effort of the said
operation that resulted in the gunning down of three miscreants.
However two of them succeeded in escaping from the scene. The
Committee after assessing the facts came to the conclusion that there
was no such individual act on the part of the petitioner which would
define the action to be of such an exemplary courage so as to grant the
petitioner out of turn promotion.
The aforesaid satisfaction recorded by the Committee is founded on
material which was placed before the Committee and it cannot be
described as perverse or arbitrary. The satisfaction so recorded cannot be
upturned in the exercise of jurisdiction under Article 226 of the
Constitution of India as this Court is not sitting in appeal.
The writ petition is dismissed.
Order Date :- 22.7.2010
Sahu