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Himachal Pradesh High Court · body

2013 DIGILAW 208 (HP)

SANJEEV KUMAR v. STATE OF H. P.

2013-04-01

RAJIV SHARMA

body2013
JUDGMENT RAJIV SHARMA - 1. Name of the petitioner was recommended by the Director Inspector General of Police (Central Zone) on 3.5.2007 for out of turn promotion. The Departmental Promotion Committee met on 25.6.2007. Name of the petitioner was also considered by the Departmental Promotion Committee, but his name was not recommended. 2. Ms. Archana Dutt has vehemently argued that the petitioner had apprehended Mohammad Margoob, who had escaped from police custody from Utter Pradesh. She has also argued that on the basis of certificates placed on record, case of the petitioner ought to have been recommended by the Departmental Promotion Committee in its meeting held on 25.6.2007. Mr. Pramod Thakur, learned Additional Advocate General has submitted that the name of the petitioner was considered by the Departmental Promotion Committee after taking into consideration the entire record of the petitioner. 3. I have heard the learned counsel for the parties and have perused the pleadings carefully. 4. It is true that the name of the petitioner was recommended by the Director Inspector General of Police (Central Zone) on 3.5.2007 for out of turn promotion. The proceedings of the Departmental Promotion Committee have been placed on record by the petitioner vide Annexure P-2. The Departmental Promotion Committee has considered the case of the petitioner as per standing order dated 3.9.2002. According to these instructions, in case of Police Officers upto the rank of Sub-Inspector of Police, who during discharge of their official duties exhibit exceptional courage or presence of mind and devotion of duty or high degree of professional competence, recommendations shall be invited from the respective Heads of Police Officers through their Controlling Officers for consideration by the Departmental Promotion Committee. The Departmental Promotion Committee has taken into consideration the acts performed by all the officials, including petitioner. Police officials, Shakti Singh, Subhash Chand, Karanjeet Singh, Ranjeet Singh and Sanjog Raj had arrested hard core criminal from Punjab in case F.I.R. No. 419 dated 6.9.2006. As far as petitioner is concerned, he was responsible alongwith other police personnel for arresting Mohammad Margoob, who had escaped from police custody. He was not hard core criminal. It is for the Departmental Promotion Committee to recommend the names of the police personnel taking into consideration exceptional courage or presence of mind and devotion to duty or high degree of professional competence. He was not hard core criminal. It is for the Departmental Promotion Committee to recommend the names of the police personnel taking into consideration exceptional courage or presence of mind and devotion to duty or high degree of professional competence. This Court will not sit in judgment over the wisdom of the Departmental Promotion Committee. As far as the certificates placed on record by the petitioner are concerned, the Department has appreciated the exceptional duties discharged by the petitioner and has rewarded him for the same. 5. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the writ petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs. Petition dismissed.