The judgment establishes the principle of fair and non-arbitrary promotion policies in line with constitutional provisions, emphasizing the need for individual consideration in out of turn promotion decisions.

( 1 ) THE case of the petitioner-Sushll Kumar Dubey, who is Sub-Inspector of Police and was. at the relevant time, posted in district Agra was recommended for out of turn promotion pursuant to the government Order No. 665 (1) PU-1-24/94, dated 3. 2. 1994 for having displayed exemplary courage and bravery risking his own life in the course of an encounter with a dreaded and notorious criminal, namely, Alya alias Ali Mohd. alias Pappu Pahalwan. The Incident had taken place in the following circumstances : on 19. 1. 1997, a prominent businessman-brick kiln owner and leader of Kisan Kamgar party--Chaudhary Nepal Singh was kidnapped with his Maruti car by certain unknown miscreants. The incident gave rise to Crime No. 33 of 1997 under Section 364, I. P. C. registered at P. S. Kotwali. Bulandshahr city. On getting a tip from an informer, the Senior Superintendent of Police. Bulandshahr organised a raid on 25. 2. 1997 and positioned four separate police parties comprising in all 31 police officials, including four Sub-Inspectors of Police, viz. , Rajesh Kumar dwivedi. Ashok Kumar Verma, Jitendra Kumar Slngh and present petltloner-Sushll Kumar dubey. AC about 11. 35 a. m. , on noticing a moving white Maruti car coming from the side of aligarh. Rajesh Kumar Dwivedi, Sub-Inspector of Police signalled it to stop. It sped up. The presence of the abductee Chaudhary Nepal Singh in the car was noticed and consequently Rajesh kumar Dwivedi, S. I. pursued the same. The miscreants swerved the car on a Kuccha pathway, It struck up in sand near a bush. Thereupon, desperadoes, five in number, alighted from the car and dragging the abductee moved swiftly towards the jungle. There was exchange of fire. Police. parties surrounded the miscreants and asked them to surrender. Rajesh Kumar Dwivedi and ashok Kumar Verma. Sub-inspectors of Police sustained fire arm injuries in the process of getting the abductee released. The other party members opened fire with the result three miscreants were laid to death on the spot. The other two were successful in escaping. Chaudhary nepal Singh. abductee was recovered. Three criminals who were killed in encounter included alya alias All. Mohd. alias Pappu Pahalwan.

( 2 ) THE gallantry on the part of the police officials was praiseworthy and it received wide publicity and commendation. Recommendation for out of turn promotion of the concerned police officials was made which was met with favourable response at all the stages till it reached the high Powered Committee constituted for the purposes of consideration of out of turn promotion. On 2. 5. 1998, the committee scrutinized the entire matter and after taking into consideration all the facets, implications and ramifications, did not recommend promotion of any one of the police officials mainly on the ground that it was a group action and no particular person was responsible for the successful outcome of the raid. This decision obviously incensed the participants and resulted in dissatisfaction and frustration in the rank and file. A proposal was sent for reconsideration of the matter for out of turn promotion of Sub-Inspectors Rajesh Kumar dwivedi, Ashok Kumar Verma, Jitendra Kumar Singh. and Constables Ram Kumar and Jitendra singh through the Inspector General of Police. Meerut Zone. The Committee in its meeting dated 26. 10. 1998 reviewed and reconsidered the matter and after appropriate examination and analysis of the documents and the facts, turned down the recommendation. The Director General of police discussed the matter with the members of the Committee and constituted a committee headed by Deputy Inspector General of Police, Meerut for in-depth study of the matter and to report about the Individual role played by the police officials in the entire episode. The committee sponsored and recommended the names of the abovenamed three Sub-Inspectors and two Constables for out of turn promotion in its meeting held on 23. 12. 1998 to the Director ge