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PATNA HIGH COURT
Uday Sinha and S.C.Mookherji JJ.
Jai Prakash Narain Singh And Baidehi Saran Singh
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 4400 of 1987 ;
Decided On : MARCH 15, 1990
POLICE PROMOTION - OUT-OF-TURN PROMOTION - PRESIDENT'S POLICE MEDAL - AWARD OF MEDAL - CRITERIA - RELAXATION OF RULES - OUTSTANDING RECORD OF SERVICE - ASSURANCE ON THE FLOOR OF THE ASSEMBLY - VALIDITY OF PROMOTION.
Fact of the Case:
The petitioners and intervenors challenged the orders promoting respondent S.N. Dubey, a Deputy Superintendent of Police, out-of-turn with retrospective effect from 25th October, 1975, for gallantry in respect of an incident of the year 1971, placing him above several others and subsequently confirmed on that post against all the rules and procedure laid down for promotion of police officers of different categories.
Finding of the Court:
1. The respondent was not entitled to accelerated promotion as he was never awarded the President's Police Medal or the Indian Police Medal, which was the first criterion for determining outstanding records of service for out-of-turn promotion under Rule 660-C of the Bihar Police Manual, 1978. 2. The State Government's assurance on the floor of the Assembly to suitably reward the respondent for his commendable work could not prevail over written law and did not justify the out-of-turn promotion. 3. The respondent's promotion to the rank of Inspector and Deputy Superintendent of Police must be considered afresh on the footing that no Medal had been awarded to him.
Issues: 1. Whether the respondent was entitled to out-of-turn promotion in the absence of being awarded the President's Police Medal or the Indian Police Medal? 2. Whether the State Government's assurance on the floor of the Assembly to suitably reward the respondent for his commendable work could justify the out-of-turn promotion? 3. Whether the respondent's promotion to the rank of Inspector and Deputy Superintendent of Police should be considered afresh in the absence of being awarded any medal?
Ratio Decidendi: 1. The award of out-of-turn promotion to the respondent was against the rules and procedures laid down for promotion of police officers and was, therefore, invalid. 2. The State Government's assurance on the floor of the Assembly could not override written law and did not justify the out-of-turn promotion. 3. The respondent's promotion to the rank of Inspector and Deputy Superintendent of Police must be considered afresh on the footing that no Medal had been awarded to him.
Final Decision: The writ applications were allowed, and the orders promoting the respondent out-of-turn were quashed. The respondent's promotion to the rank of Inspector and Deputy Superintendent of Police was directed to be considered afresh on the footing that no Medal had been awarded to him.
S.C.Mookherji, J.
1. C.W.J.C. Nos. 4400 of 1987 and 3591 of 1989 have been heard together, as common question is involved, and are being disposed of by this judgment.
2. The petitioners and intervenors have sought for quashing the orders as contained in Annexures 2,3,4,5,6,7 and 8 by which, respondent S.N. Dubey (hereinafter to be referred to as respondent only), presently employed as Deputy Superintendent of Police, has been promoted out-of-turn to the said post on ad hoc basis with retrospective effect from. 25th October, 1975 for gallantry in respect of an incident of the year 1971, placed above several others and subsequently confirmed on that post against all the rules and procedure laid down for promotion of police officers of different categories.
3. Short facts. The petitioner of C.W.J.C. No. 4400 of 1987 is a direct recruit to Bihar Police Service with effect from 19th January, 1978 and is presently posted as Sub-Divisional Police Officer, Hajipur on the post of Deputy Superintendent of Police. He has been confirmed on that post in the year 1981. Intervenors 2 to 18, except No. 15, are also direct recruits and No. 15, is a promotee. Petitioner of C.W.J.C. No. 3591 of 1989 was initially appointed as Sub-Inspector of Police with effect from 1st January 1959. Respondent was recruited as Sub-Inspector of Police in the year 1965 and continued as such up to the year 1978 and confirmed as Inspector of Police with effect from 23rd March, 1982. In the year 1971, the name of respondent was recommended for Presidents Police Medal, which was rejected by the Government of India and communicated to the Home Secretary as contained in Annexure-1.
4. It is stated that if the names of officers are recommended for Presidents Police Medal, normally five to ten out of that get it as the recommendation of the State Government is not a condition precedent for getting the Presidents Police Medal. Respondent was recommended for Presidents Police Medal for gallantry thrice, one for his service of the year 1971, the second of the year 1975 and the third for his gallantry of 28th March, 1982. But he got Presidents Police Medal for his gallantry of 28th March, 1982 only. The Rules 646/724 (a), 649 (2) and 660-C of the Bihar Police Manual, 1978 (hereinafter to be referred to as the Rules) have been quoted to show the procedure for promotion of Inspectors, Reserve Inspectors and Sub-Inspectors to the post of Inspector as also the out-of-turn promotion of officers of particular categories mentioned in Rule 660 (C).
5. It is further stated that on the basis of assurance given in the Legislative Assembly with regard to respondent, a Sub-Committee recommended for promotion of respondent out-of-turn, but the Department did not accept it, as the said promotion would have been against the Rules since his case for gallantry of 1971 was rejected by the Central Government. The then Chief Minister of Bihar sent a note-sheet to the Chief Secretary which runs as follows:
"Mukhya Sachiva, Manniya Vidhayak ka Patra Sanlgna Hai, Yah Vastava men bahut hi gambhir bat hai ki Mukhamantri dwara diya gaye Aadesh ka Anupalan Nahi ho. Esliye Aapse Sawanam dekene aur Ashawashan Samittee Ke Nirnaya awam Uchcha Nayayalya Ke Aadesh tatha us per mere Dwara diye gaye Aadesh Ka Anupalan ek Saptah ke bhitar Sunischit Karayi Jai. Ki gai Karyawahi se mujhe bhi Awgat Karayi Jaya tatha Aadesh Ka Anupalan Abi tak kyon nahi kiya gaya, eske Sambandh me jimmebari Nirdharit Kar Apne Mantavya ke sath mere Aadesh ke liye Sanchika Upasthapit ki Jaye."
Thereafter, the respondent moved this Court in C.W.J.C. No. 5112 of 1986 and the following order was passed on 7th January, 1987:
"In spite of the fact that Mr.J.P. Shukla, Government Pleader No. 1 took one weeks time only on 2nd December, 1986 to enable him to seek full instruction in the matter, it is unfortunate, if not highly regrettable, that he has not yet been able to get any instruction even after the lapse of one month for reas
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