The Delhi High Court Bench comprising Justice Manmohan and Justice Navin Chawla while dismissing the plea filed by a CRPF Officer held that the officer has no legal right to a Gallantry award or a medal.
Background of the Case
The Present Petition has been filed by a CRPF Officer after he was denied the grant of Police Medal for Gallantry [PMG] award for the encounter dated 25th July 2019. Petitioner also seeks directions to the Respondents to include the Petitioner’s name for consideration for the PMG award.
Learned counsel for the Petitioner stated that the Petitioner is challenging the denial of the PMG award for his role in the encounter dated 25 July 2019. He stated that the Petitioner belongs to CRPF and on 25th July 2019 he was involved in an operation between the CRPF and armed Naxals due to which his name, along with other force personnel, was recommended for the PMG award, by the unit commandant, vide the detailed report dated 14th August 2019.
He further stated that even though the Commandant had written a good recommendation and commended the Petitioner’s bravery in the incident report, the Petitioner learnt in the month of February 2021 that his name has not been included for the PMG.
Counsel stated that subsequently the Petitioner communicated his grievances to Commandant and requested for a court of inquiry to ascertain the reasons for his non-consideration for the PMG award. He stated that due to the Petitioner’s constant requests, Respondents issued the impugned order dated 23rd July, 2021, whereby it was stated that the Petitioner’s role in the encounter was not up to the level for which his name could be recommended for the PMG award and hence the Petitioner’s request was declined.
It was contended by the learned counsel for the Petitioner that despite acknowledging the Petitioner’s important role in the encounter/operation, his name has been removed from consideration for the PMG award without any reason. He emphasised that the impugned action is discriminatory.
Order of the Court
Court opined that the Petitioner has only a right for consideration of his name for the PMG award but he has no legal right to an award/medal. It was stated in the order that,
“Further this Court in writ jurisdiction does not confer a gallantry award but it examines only the decision-making process and at the highest can only direct the Respondents to consider the Petitioner’s request for an award. In the present instance, Petitioner’s name for PMG had been considered and declined by the CRPF at the highest level. Accordingly, this Court does not find any illegality in the decision making process by the Respondents”.
Accordingly, the Petiton was disposed of.
Case Details
Case Title: Manjunath Gouli v. Union of India and Ors.
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