Order on Board

10/12/2024

1. The Petitioner, a Constable in the 16th Battalion, Chhattisgarh Armed Forces, Narayanpur, at present posted at Raigarh, has filed the instant petition against the impugned order dated 18.7.2017 by which his application for out of turn promotion along with Presidential Gallantry Award and other proposed benefits including reward has been partly allowed by the Director General of Police/Respondent No.2 in an illegal manner while giving reward of Rs.10,000 for the Naxal operation dated 27.5.2006 and Rs.10,000 for the Naxal operation dated 6.9.2006, however, the out of turn promotion and other benefits as recommended has been refused. Hence, the instant petition has been filed by the Petitioner.

2. It has been submitted by Learned Counsel appearing for the Petitioner that during the service period the Petitioner has participated in a Naxal operation dated 22.8.2003 while he was posted at Police Station Ramanujganj in which one Zonal Secretary of Naxalite was killed and accordingly vide order dated 14.5.2004 he has been out of turn promoted from the post of Constable to the post of Head Constable. Thereafter, the Petitioner again participated in an another Naxal operation dated 4.3.2004 in which 5 Naxalites were killed, as such on 28.6.2006 he was granted Gallantry Award by His Excellency the President of India. On 5.4.2005 in an another Naxal operation where Naxalite Raman Kodaku was killed he was given out of turn promotion vide order dated 25.11.2005 from the post of Head Constable to the post of Assistant Platoon Commander (APC). On 9.9.2005 the Petitioner again participated in a Naxal operation in which Naxalite Secretary Bhim Kodaku alias Pran was killed and for that Naxal operation dated 4.3.2004/5.3.2004 the Petitioner was recommended for Gallantry Medal as well as for out of turn promotion, however, only Gallantry Medal was awarded and out of turn promotion was not given to him for the Naxal operation held on 9.9.2005 in which one hard core Naxalite Bhim Kodaku alias Pran was killed in which he was proposed to be given 12 Boar Gun (DBBL) as reward. However, the said reward was not conferred upon him. Thereafter, for the Naxal operation dated 16.11.2005, vide order dated 30.10.2006 a recommendation was made for rewarding him with one Pistol and it has been recommended that he be given proper security when he was on duty. This order has been passed by the Inspector General of Police, Surguja Range/Respondent No.4. Likewise, for the Naxal operation dated 5.9.2006 in which Naxalite Zonal Commander Narayan Khairwar he was recommended for Gallantry Medal. However, he has not been awarded with a Gallantry Medal. Being aggrieved by the aforesaid acts of the Respondents/authorities, the Petitioner has made a detailed representation dated 22.8.2014 before the Director General of Police/Respondent No.2 with a prayer that though recommendations have been made for out of turn promotion, reward in the shape of one 12 Boar Gun (DBBL) and one Pistol along with Gallantry Award, however, that has not been given to him though specific recommendations have been made by the Inspector General of Police, Surguja Range as well as by the Superintendent of Police, Balrampur. The Petitioner has made repeated representations, however, nothing was done. Then the Petitioner filed Writ Petition (S) No.5911 of 2014 in which vide order dated 20.7.2015 this Court has passed an order directing the Respondents/police authorities to pass appropriate order for granting out of turn promotion to the Petitioner for his role in the Naxal operation dated 28.11.2003. When the aforesaid order was not complied with, a contempt petition was also filed and thereafter again representations were made. Lastly, vide order dated 18.7.2017 the representation of the Petitioner was partly allowed while awarding him Rs.10,000 each for two Naxal operations conducted on 27.5.2006 and 6.9.2006. The Petitioner is aggrieved by the aforesaid order inter ali