Allahabad High Court
Dhirendra Kumar Chaudhari vs State Of U.P. & 3 Others on 23 September, 2013
Bench: Satya Poot Mehrotra, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - A No. - 26471 of 2013
Petitioner :- Dhirendra Kumar Chaudhari
Respondent :- State Of U.P. & 3 Others
Counsel for Petitioner :- Kartikeya Saran
Counsel for Respondent :- C.S.C.
Hon'ble Satya Poot Mehrotra,J.
Hon'ble Anjani Kumar Mishra,J.
The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying that the respondents be directed to consider the name of the petitioner for out-of-turn promotion to the post of Inspector.
As per the averments made in the Writ Petition, the petitioner was recruited as Sub-Inspector in the Uttar Pradesh Police in the year of 2001, and after completing the training, the petitioner was appointed on 8th September, 2007 in District Azamgarh. The petitioner was transferred from District Azamgarh to District Ballia on 4th August, 2010.
In view of an incident which took place in the intervening night of 13th /14th December, 2011, the Superintendent of Police, District Ballia issued a Citation, inter-alia recommending the name of the petitioner for out-of-turn promotion for the courage shown by the petitioner in the said incident.
As no action has been taken in the said matter of the petitioner, despite expiry of a long period, the petitioner has filed the present Writ Petition before this Court seeking the reliefs as mentioned above.
Affidavits have been exchanged between the parties.
We have heard Sri Kartikeya Saran, learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondents.
From the averments made in the Counter Affidavit filed on behalf of the respondents as also in the Affidavit filed on behalf of the respondent No. 3, and the instructions received by the learned Standing Counsel from time to time, it appears that the respondents had sought opinion of the Legal Department of the State of Uttar Pradesh for deciding future course of action, in view of certain observations made in the Order dated 1st May, 2013 passed a learned Single Judge of this Court in Civil Misc. Writ Petition No. 27644 of 2006, and in the Order dated 12.04.2013 passed by a learned Single Judge of this Court in Civil Misc. Writ Petition No. 16879 of 2010.
Today, the learned Standing Counsel states that instructions have been received by him, from the Deputy Inspector General of Police, Establishment, Uttar Pradesh, which are based on the Communication dated 19th September, 2013 sent by the Deputy Secretary, Uttar Pradesh Government to the Inspector General of Police, Uttar Pradesh, Lucknow. On the basis of the said instructions, the learned Standing Counsel has stated that the matter pertaining to out-of-turn promotion to the petitioner would be considered and decided, but such decision would be subject to the decision of this Court in the aforesaid Civil Misc. Writ Petition No. 27644 of 2006 and Civil Misc. Writ Petition No. 16879 of 2010.
Learned Standing Counsel appearing for the respondents further states that the decision in the matter regarding out-of-turn promotion to the petitioner, as mentioned above, would be taken expeditiously, preferably, within a period of six weeks from the date of production of certified copy of this Order before the concerned Authority.
In view of the statement made by the learned Standing Counsel appearing for the respondents, no further orders are required to be passed in the present Writ Petition.
The Writ Petition stands disposed of accordingly.
Order Date :- 23.9.2013
Priyanka
