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2025 Supreme(Online)(CHH) 397
HIGH COURT OF CHHATTISGARH
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
STATE OF CHHATTISGARH – Appellant
Versus
BRAJESH KUMAR TIWARI – Respondent
WA/214/2025
Mr. S.S. Baghel, Dy. G.A.; Mr. A.N. Pandey, Advocate
The court affirmed that administrative decisions regarding promotions must consider prior recommendations and contributions, emphasizing the obligation to grant out of turn promotions based on merit.
Headnote:(A) Writ Jurisdiction - Administrative Law - The appeal concerns the order dated 10.12.2024, allowing a writ petition challenging the rejection of an application for out of turn promotion based on participation in Naxal encounters. The learned Single Judge found that the authorities had previously recommended promotion and awards, which were not duly considered. (Paras 4, 8, 10)
(B) Administrative Discretion - The court emphasized that the grant of out of turn promotion is an administrative decision based on recommendations from the committee, which had already acknowledged the respondent's contributions. (Paras 5, 9)
Facts of the case:
The respondent challenged the rejection of his application for out of turn promotion after participating in several Naxal encounters, asserting that he was entitled to promotion and awards based on prior recommendations. (Paras 4, 8)
Findings of Court:
The learned Single Judge found that the respondent was entitled to out of turn promotion and awards based on the recommendations made by police authorities, which were ignored in the rejection. (Paras 8, 10)
Issues: The main issues included whether the rejection of the promotion was justified given the prior recommendations and the respondent's contributions in Naxal operations. (Paras 4, 10)
Ratio Decidendi: The court held that the authorities are obligated to grant the respondent the promotion and awards as recommended, emphasizing the need for administrative decisions to be based on merit and prior acknowledgments. (Paras 8, 10)
Result: Appeal dismissed.
Per Ramesh Sinha , Chief Justice
28.03.2025
1. Heard Mr. S.S. Baghel, learned Deputy Government Advocate for appellant / State as well as Mr. A.N. Pandey (through Video Conferencing), learned counsel for respondent No. 2 on I.A. No.02/2025 is an application for condonation of delay of 37 days in filing the instant appeal.
2. For the reasons mentioned in the application I.A. No.02/2025 i.e. application for condonation of delay, the same is allowed and delay is condoned. With the consent of learned counsel for the parties, the appeal is heard finally.
3. The appellant / State has filed this writ appeal against the order dated 10.12.2024 passed by the learned Single Judge in Writ Petition (S). No. 259 of 2018 (Brajesh Kumar Tiwari vs. State of Chhattisgarh and Others) whereby the learned Single Judge has allowed the writ petition filed by the writ petitioner / respondent herein.
4. Brief facts are that the respondent/writ petitioner had preferred a writ petition bearing WP(S) No. 259/2018 challenging the order dated 18.07.2017 issued by the Director General of Police, Police Headquarters, New Raipur, in which, the representation made by the writ petitioner for grant of out of turn promotion was rejected. By way of that writ petition, the respondent has averred that, he has participated in several naxal encounter of hard core naxaly i.e. on dated 04.03.2004, 09.09.2005, 16.11.2005, 06.09.2006 & 27.05.2006, in which, several hard core naxalite were encountered and injured. The respondent had further averred that the Superintendent of Police, Balrampur and Inspector General of Police, Surguja Range, has already send his name alongwith other police personnel to the higher authority for grant of promotion, award of gallantry medal and grant of other award. The respondent has stated that, he has made several representations before the authority for grant out of turn promotion but no action has been taken. That, by way of the aforesaid WP(S) No. 259/2018, the respondent/writ petitioner had sought for quashing the order dated 18/07/2017; direct the respondent authority to reconsider the claim of the petitioner for out of turn promotion, award of gallantry meddle & payment as per recommendation within stipulated period; direct the respondent authority to grant out of turn promotion to the petitioner from the date in which the similarly situated police persons have been promoted with all benefits. The writ petitioner/respondent have contested the aforesaid writ petition and filed return in the petition. The writ petitioner has preferred a writ petition being WP(S)No. 6033/2016, which was allowed by this Court vide order dated 23.05.2017. As per the recommendations made by the said committee, the Director General of Police, Police Headquarters, Nava Raipur has passed the order dated 18.07.2017 (under challenged in WP(S) No. 259/2018), whereby, the representation made by the respondent/petitioner has been decided and after consideration of the matter declined to grant out of turn promotion to the writ petitioner pertaining to the incident dated 27.05.2006 & 06.09.2006 for the reason that the cash rewards to the tune of Rs. 10,000/- & 10,000/- has already been given to him. In compliance of the Court's order, a committee was constituted for grant of out of turn promotion, which has after minutely examining the records pertaining to case of the writ petitioner made recommendations and the respondent was granted out of turn promotion as well as gallantry awards & records.
Thereafter, the respondent/writ petitioner challenged the order dated 18.07.2017 in WP(S) No. 259/2018 mainly on the ground that the same has been passed without considering the material facts and documents, in which he is entitled for grant of out of turn promotion and gallantry award as per recommendation send by the Superintendent of Police, Balrampur and Inspector General of Police, Surguja before the Director General of Police, Chhattisgarh, Nava Raipur. The learned Single Jud
