1. - Courage has to be embedded in the character of the police personnel. The courage displayed during the discharge of duty by the police, whether it should always be followed with some award or reward is the question arising for consideration in the present writ petition.

2. The petitioner while working as Head Constable No. 130 as a member of team chasing an accused fired one gun shot at the accused Nand Kishre and with the aid of the team that accused was apprehended and therefore, the case of the petitioner was set up for out of turn promotion or giving other award and was recommended by the concerned SHO vide Annex. 10 did. 25.11.2002. The said recommendation was forwarded by the Dy. Inspector General of Police, Bikaner Range to the Director General of Police vide Annex. 11 dated 20.1.2003.

3. After consideration of the matter, the Director General of Police appears to have taken a decision on 22.5.2003 to give cash award of Rs. 3,000/- to the petitioner along with appreciation certificate as conveyed vide Annex. 16 dated 29.5.2008. In the said order, it is also noticed that the petitioner Anop Singh, Head Constable, Police Station Sardar Shahar, Distt. Churu has already been promoted as Sub-Inspector of Police in regular course.

4. The learned counsel for the petitioner Dr. Bhati submitted that since case of the petitioner was recommended for such award on account of extraordinary services rendered by him during the course of that operation, the case of the petitioner deserved to be considered under Rule 28 of the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as the Rules of 1989). Rule 28 of the Rules of 1989 is quoted below for ready reference

"28. Special nomination for promotion cadre course:

Notwithstanding anything contained in sub-rules (1) to (3) of Rule 27 above:

(a) Nomination for promotion cadre course for next higher rank upto Sub-Inspector in Section I and Section III and upto Platoon Commander in Section II and Section IV of Rule 4 upto 10% of the vacancies to be filled in by promotion in a particular year, may be made by the Director General-cum-Inspector General of police in case of those who have shown outstanding work in the anti-dacoity, anti-smuggling or in any special field of police work including performance in Games and Sports or have put in not less than 20 years service exclusively as member of the service and also have exceptionally good and unblemished record of service with integrity:

Provided no member of the service shall be nominated more than once on account of 20 years service as mentioned above."

5. On the other hand, Mr. IS. Pareek, learned counsel appearing for the respondents submitted that since such out of turn promotion cannot be granted as a matter of course and it is the discretion given to the Director General of Police to consider such cases for appropriate award and in the present case, cash award of Rs. 3,000/- with appreciation certificate was granted by the Director General of Police, petitioner cannot claim any such promotion to the next higher post as a matter of right, it being within the discretion of the Director General of Police, unless such use of discretion is shown to be arbitrary exercise, the jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked.

6. Having heard the learned counsels, this Court is of the view that there is considerable force in the submissions of the learned counsel for the respondents. While discharging the duties, the police personnel are required to show needful courage and other abilities with promptitude and may have to even fire at the accused and under such operation, even if some hurt is caused to the police personnel on account of his courageous act and the accused is apprehended, it is the normal discharge of duties of a police personnel. The promotion against 10% vacancies of next higher cadre is to be recommended in the discretion of the Director General of Police, i