The central legal point established in the judgment is that arresting suspected hardcore criminals is more commendable than killing them, and killing in encounters may not always warrant out of turn promotion.

Heard learned counsel for the parties.

2. The matter pertains to out of turn promotion in terms of Government Order dated 3. 2. 1994, Annexure 1 to the writ petition. Through the said Government Order it has been provided that those Constables and Sub Inspectors/platoon Commanders of U. P. Police who have shown exemplary courage in performance of their duties should be granted out of turn promotion to encourage them. Under Clause 3 of the said G. O. it is provided that such constables or Sub Inspectors are also entitled for out of turn promotion who have shown exemplary courage in encounter or arrest of hardcore terrorists or hardcore criminals. It has further been provided that those Constables and Sub Inspectors are also entitled for out of turn promotion who have taken risk in performance of their duties.

3. The claim of the petitioner for out of turn promotion is based upon his performance in unearthing a gang and its main members involved in forging orders of this High Court, The matter came to light during hearing of Criminal Appeal No. 4733 of 2003, Amit Rastogi v. State of U. P. and others. The matter was monitored by Honble Mr. Justice Amar Saran. The Honble Judge constituted a committee to enquire into the matter including officials of CBCID and police. The Honble Judge in his order dated 28. 7. 2006, passed in the Criminal Appeal, copy of which is Annexure-6 to the writ petition, noticed that initially final report had been submitted but after investigation of the Court serious attention was given to the matter and thereafter it was reported that as many as 7 persons who belonged to a gang engaged in forging orders were identified and sent to jail. Thereafter, the Court observed as follows:

"this Court commends the action by the investigating officer as well as Sri Ram Raj Singh 205 head constable (petitioner) and his team who perform their jobs with admirable courage and dedication. Their efficiency should be taken as an object lesson by the CBCID and other agencies, who have not shown any such success stories since this Court has initiated the process of taking a re-look into the cases of forged orders. "

4. Thereafter petitioner was transferred to an other place. The Court took strong exception and through order dated 28. 5. 2006 passed in the aforesaid Criminal Appeal directed that petitioner should not be transferred without prior permission of the Court. Copy of order dated 28. 5. 2006 is Annexure 7 to the writ petition. Thereafter, another order was passed in the said Criminal Appeal on 15. 9. 2006 by the same Hon. Judge copy of which is Annexure 8 to the writ petition. In that order also it was observed that apart from the case in question where success was shown by Rajeshwar Singh and the petitioner, in other 59 cases which were being investigated by CBCID there has not been any further success. Thereafter, another order was passed in the said Criminal Appeal on 17. 8. 2007 by the same Hon. Judge, copy of which is Annexure 9 to the writ petition. In the said order also the role played by Rajeshwar Singh and the petitioner was strongly appreciated.

5. Annexure 10 to the writ petition is copy of the recommendation made by Rajeshwar Singh, Circle officer concerned to SSP Allahabad. In that report also the role of petitioner was appreciated to a great extent. In the said report it is also mentioned that petitioner during his tenure has been awarded several cash prizes and very good entries in the service book. In the said report the role of petitioner is appreciated at several places. It is quite a long report and at the end it is mentioned that petitioner has shown exemplary courage dedication and foresightedness in performance of his duties. The S. S. P. also made strong recommendation in favour of the petitioner for out of turn promotion under G. O. dated 3. 2. 1994. Copy of the said recommendation dated 29. 11. 2006 is Annexure 11 to the writ petition. D. I. G. Police through his letter dated 1