1 2025:CGHC:1197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2455 of 2020 1 - Karan Sonkar S/o Late Shri L. N. Sonkar Aged About 49 Years R/o Block-9/a, Street-14, Sector-1, Bhilai, Durg Chhattisgarh, District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Home Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District-Raipur, Chhattisgarh,District:Raipur,Chhattisgarh 2 - Director General Of Police Police Headquarter, Naya Raipur District Raipur,Chhattisgarh 3 - Inspector General Of Police Office Of Inspector General Of Police, BatisBanglow,Bhilai,District-Durg,Chhattisgarh 4 - Superintendent Of Police Office Of Police District Durg Chhattisgarh ... Respondent(s) ------------------------------------------------------------------------------------------- For the Petitioner : Mr. T.K. Tiwari, Advocate. For the State : Mr. Santosh Soni, PL. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 08/01/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1.That, this Hon’ble Court may kindly call for the records of the case from the respondents. 10.2 That, this Hon’ble Supreme Court may kindly direct the respondents to consider the petitioner to the post of Sub-Inspector from the initial date of joining and provide NISHA DUBEY Digitally signed by NISHA DUBEY 2 consequential benefits. 10.3 That, this Hon’ble Court may kindly make any other order that may be deemed fit and just in the facts and circumstances of the case. 10.4 That, this Hon’ble Court may kindly direct the respondent to grant promotion to the petitioner.” 2. Learned counsel for petitioner would submit that petitioner was a distinguished player in Boxing. He was a “Vikram” awardi. Petitioner based on the special achivements in the sports activities (Boxing) was appointed to the post of Head Constable vide order dated 2.3.2003. Petitioner thereafter has joined service and continue with the sports activities and while in service he participated in different events including All India Police Games, All India Police Boxing Award Boxing, Gymnastics, Judo, Weight Lifting & Wrestling Championship in the year 2004, 2005, 2006, 2010, 2011, 2012, 2013, 2015 & 2017. He contended that the petitioner based on the excellence in the sports activities, Boxing, and a Vikram awardi was entitled for the appointment on the post of Assistant Sub-Inspector at the initial stage of the appointment in the year 2003, however, he was appointed on the post of Head Constable. Though the petitioner has initially sought relief that petitioner be appointed on the post of Sub-inspector from the initial date of joining and to grant consequential benefits, however, further relief has been sought for grant of out of turn promotion based on his execellence in the sports and his participation. His contention is that the petitioner while participating in the sports as mentioned above, has won “Gold Medal”, therefore, in view of Regulation 70-A of Police Regulations and further, the circular issued in this regard by the State Government dated 9.10.1987 pettioner is entitiled for out of turn promotion to the post of Assistant Sub-Inspector. Petitioner, when was not considered for grant of out of turn promotion he submitted representation before concerned Superintendent of Police upon which the Superintendent of 3 Police has forwarded the claim of petitioner for consideration before the competent authority i.e. Director General of Police, however, the Committee constituted by Director General of Police while considering the claim of the petitioner along with other subjects, has only recorded that the claim of petitioner was considered and it was filed. He submits that no reason has been assigned in rejecting the claim of the petitioner for grant of out of turn promotion. He submits that the decision taken by the Committee is not even communicated to the petitioner and petitioner came to know only when the proceeding of the Committee is filed along with the reply filed on behalf of the State. 3. Learned State counsel opposing the submission made by counsel for petitioner, would submit that claim of the petitioner with respect to initial relief sought for is not tenable for the reason that the petitioner with open eyes has accepted the offer of appointment and joined on the post of Head Constable. Claim of the petitioner with respect to grant of initial appointment on the post of Sub-Inspector is hit by delay and latches. So far as the relief sought for with respect to grant of promotion and submission made by counsel for petitioner that petitioner is entitiled for out of turn promotion in view of Regulation 70-A of the Police Regulations and the Circular issued by the State of Madhya Pradesh on 9.10.1987, claim of petitioner was forwarded by immediate superior officer i.e. concerned Superintendent of Police, which was considered by the Committee constituted in this regard and claim of petitioner is filed upon due application of mind. He submits that after filing of the reply, in rejoinder no ground has been raised challenging the decision of the Committee. 4. Heard learned counsel for the parties, perused the pleadings, documents enclosed along with the writ petition, return and rejoinder. 4 5. Though the relief 10 (iv) is not happily worded, however, the submission of counsel for petitioner is that the petitioner based on the execellence in the sports during the period of his service, in which, he participated since 2004 till 2017, he is entitled for grant of out of turn promotion based on the Regulation 70-A and the circular issued by the State Government dated 9.10.1987 in this regard. 6. Perusal of the circular dated 9.10.1987 which is filed along with the application for taking additional documents on record dated 19.12.2024, would show that apart from execellence in discharge of service as mentioned in the Regulation 70-A further guidelines have been issued for considering the candidature of an employee for out of turn promotion. Regulation 70-A is extracted below for ready reference:- “70-A Notwithstanding anything contained in Regulation 70, a Constable may be promoted to the rank of Head Constable by the Superintendent of Police with the prior approval of the Directors General of Police and a Head Constable to the rank of Assistant Sub-Inspector by the Deputy Inspector General of Police with the Prior approval of the Director General of Police if he has distinguished himself in anti dacoity operations. Law and order situations of shooting competitions or in some other field of duty or who has been awarded the President’s Police Medal for Gallantry or for meritorious/distinguished services, if he considers him suitable for promotion. Similarly the Inspector General of Police may promot an Assistant Sub-Inspector to the rank of Sub- Inspector and a Sub-Inspector to the rank of an Inspector on similar grounds if found suitable for promotion and subject to the prior approval of the Director General of Police. The number of Officers promoted under his Regulation shall not exceed 10 per cent.” 5 7. Relevant portion of circulation dated 9.10.1987 is also extracted below for ready reference:- “ 4.अखिल भारती य पु खिलस ቐ኏टी मी टी य पु खिलस गेम्स य अन्य अखिल भारती य स्तीर की किकीस ख्यकिती ቚኋ्቎ ቚኋकितीयकिगेती मी किकीस कीमी चार ने गेल्ड मी¢डल ቚኋ्቎ किकीय होA”” 8. Claim of the petitioner is that the case of petitioner comes within Clause-4 because the petitioner has participated in All India Police Games, which is organized on all India level basis, and won Gold Medal. 9. From the return submitted by the State, it is appearing that the claim of petitioner was forwarded by concerned Superintendent of Police for considering candidature of the petitioner for grant of out of turn promotion. Recommendation made by Superintendent of Police was considered by the Committee constituted by the Director General of Police, which is headed by the Special Director General of Police, along with five other members, who are the officials of the police department. The Committee convened its meeting on 3.10.2018, in which, they have considered about 14 subjects/ claim of out of turn promotion of the police officials. Claim of the petitioner was considered in Case No.12, whereunder it is only mentioned that case of petitioner was filed after consideration. No reason has been assigned as to why the claim of petitioner is rejected/filed. When the Committee is authorized by the competent authority to evaluate and analyse the claim forwarded by the police officials for grant of out of turn promotion, there should be application of mind and the decision to be reasoned one. If for any reason, the Committee while considering the claim of petitioner came to the conclusion that he is not entitled for grant of out of turn promotion, it is expected that the Committee ought to have assigend reason in the proceedings recorded in its meeting dated 3.10.2018, which is missing. 6 10. In the aforementioned facts of the case, the respondents are directed to reconsider claim of the petitioner for grant of out of turn promotion and to decide the claim of the petitioner by reasoned decision. After taking decision on the claim of the petitioner, respondent shall intimate the decision on the claim of petitioner for grant of out of turn promotion to the pettioner thereafter. 11.With the aforementioend observation and direction, the writ petition stands disposed of. Respondent authorties are expected to take decision on the claim of the petitioner at the earliest preferably within a period of six months from the date of receipt of the copy of order. 12.Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Nisha