1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 20.02.2025 Order passed on 28.04.2025 WPS No. 9679 of 2023 1 - Navratana Verma S/o Shri Ganesh Ram Verma Aged About 45 Years Occupation- Platoon Commander 5 Battalion, Chhattisgarh Armed Forces Jagdalpur (Bastar), Permanent R/o S T F Colony A Block Quarter No. 8 Raipur Naka, Raipur, District : Raipur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Home Mantralaya, Mahanadi Bhawan New Raipur, P.S. Abhanpur, District : Raipur, Chhattisgarh 2 - Director General Of Police Police Headquarter, Raipur Near Mantralaya, Sector 19, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 3 - Deputy Inspector General Of Police (Viasha / Nazalite Movement) Police Headquarter, Chhattisgarh Sector- 19, New Raipur, Atal Nagar, District : Raipur, Chhattisgarh 4 - Police Superintendent Special Information Branch Police Headquarter, Chhattisgarh Sector- 19, New Raipur, Atal Nagar, District : Raipur, Chhattisgarh 5 - Senani 5th Batallion Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh --- Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Ms. Deepali Pandey, Advocate For State : Mr. Soumitra Kesharwani and Mr. Rishabh Bisen, Panel Lawyers Hon’ble Mr. Justice Amitendra Kishore Prasad CAV Order 1. By way of this petition, the petitioner has prayed for following reliefs:- Digitally signed by SHAYNA KADRI 2 “10.1 That, the Hon'ble Court be pleased to quash the Memo/Order dated 8/8/2023 passed by the Police Superintendent Special Information Branch (approved by the Additional Director General of Police, rejecting the applications of the petitioner claiming Out of turn Promotion for outstanding performance in Naxalite area 10.2 That, the Hon'ble Court be pleased to direct the respondent state authority no.3 to grant the petitioner out of turn Promotion for outstanding performance in Naxalite area 10.3 Any other relief which this Hon'ble court deems fit in the present facts and circumstances of the case may kindly be granted.” 2. Facts of the case, in a nutshell, are that the petitioner is presently a Platoon Commander in the 5th Battalion, Chhattisgarh Armed Forces, Jagdalpur (Bastar). During his tenure as Assistant Platoon Commander, he participated in a Naxalite operation conducted at Chintagufa Village, Gaangulaba, on 15.02.2018, where he served as second-in-command. He delivered outstanding performance alongside other team members, and the in-charge of the Chintagufa Police Station, District Sukma (C.G.), submitted a report mentioning the incident and the contribution of the petitioner the following day. The recommendation for promotion of the petitioner was forwarded to the Inspector General of Police on 20.11.2021. Subsequently, the Inspector General of Police sent a recommendation to the Police Headquarters for an out-of-turn promotion, citing his exceptional performance, via memo dated 25.07.2022. Later, vide memo dated 27.03.2023, the Director General of Police, Chhattisgarh, directed all Superintendents and Commandants (Senani), Chhattisgarh Armed Force, to submit names for out-of-turn promotions for the preceding year (November 1 to October 31) by November 15. Despite awaiting his out-of-turn 3 promotion based on oral assurances from higher authorities, the petitioner received no positive outcome. Consequently, he submitted applications dated 11.07.2023, seeking out-of-turn promotion for his outstanding performance in the Naxalite area. The petitioner was informed by the Commandant (Senani), 5th Battalion Armed Forces, Jagdalpur, that his application for out-of-turn promotion had been rejected, as per Memo/Order dated 08.08.2023. The rejection was based on the Police Superintendent's Special Information Branch's decision (approved by the Additional Director General of Police), stating that the case of petitioner had been closed in a meeting at the Police Headquarters on 16.02.2023. 3. Learned counsel for the petitioner would submit that since petitioner has actively participated in Naxalite operation dated 15.08.2018, his name was also recommended for out of turn promotion by Deputy Inspector General of Police, however, without any reason, vide memo dated 08.08.2023, case of petitioner for grant of out-of-turn promotion has been closed stating that in the meeting for considering promotion dated 16.02.2023, after consideration, the matter has been closed. It is contention of learned counsel for petitioner that memo dated 08.08.2023 does not disclose anything as to why petitioner has not been considered for out-of-turn promotion. Petitioner has worked with atmost sincerity and devotion. He has actively participated in the Naxalite operation dated 15.02.2018 and as such, recommendations have also been made to the authorities for grant of out-of-turn promotion, however, it has not been granted to the petitioner. Petitioner is entitled for out-of-turn promotion, as such, respondent – authorities may be directed to give out-of-turn promotion to the petitioner with immediate effect. 4 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioner and would submit that on 16.02.2023, a meeting of the out of turn promotion was held under the Chairmanship of Director General of Police, Nawa Raipur. In the said committee, the case of the present petitioner was also considered and after careful perusal of the available documents and reports the said decision has been taken. It was found that on 15.02.2018 near the Forest of Village Gongunlawa Tokanpalli an encounter took place between the Police personal and the Naxalite and two dead bodies of the Naxalites were recovered, apart from the dead bodies one 303 rifle with fully loaded magazine, one fully loaded gun, three live rounds of 303 rifle, seven empty rounds of 303 rifle, eleven rounds of AK 47, two rounds of SLR rifle and four rounds of insas rifle were also recovered from the spot. The case of the petitioner was considered for the out of turn promotion and after perusal an examination of the records and documents, the case of the petitioner was found invalid for grant of promotion. It is further contention of learned State counsel that the committee while considering the case of the petitioner as well as other police personnel took into consideration the report dated 01.12.2018 prepared by the Superintendent of Police, District Sukma (CG) whereby the Superintendent of Police has recommended names of various police personals for showing excellent display of bravery and courage. The report further state that due to the active response by the constables as well as other police staff the Naxalites fled the spot. The police personal responded to the firing, and attacked the Naxalites ultimately overpowering them. It is submitted that the report dated 01.12.2018 does not reflect the name of the petitioner and therefore the case of the petitioner has rightly been considered invalid in the said 5 meeting. 5. I have heard learned counsel for the parties and also perused the record. 6. From bare perusal of the records and the documents appended along with this petition, it is quite clear that there was a Naxalite operation dated 15.02.2018 in which two naxalites were killed and in the said operation, present petitioner was also a member of the team and he has actively participated in the in the said operation which is apparent from memo dated 25.07.2022 issued by Inspector General of Police, Bastar Range. The Station House Officer has also sent a report in respect of active participation of present petitioner which shows that petitioner was active member of Naxalite operation and his name was recommended by the Inspector General of Police, Bastar Range for grant of out-of-turn promotion. 7. Since the matter requires consideration at the end of the respondents upon looking into the records of the case and performance of the petitioner, this Court is not inclined to keep the matter pending, but, to dispose of with a direction to respondents - authorities to reconsider the case of the petitioner for grant of out of turn promotion as from the documents, active participation of the petitioner in Naxalite operation is apparent, as such it is directed to respondent authorities to get the petitioner’s claim duly examined by the authority competent under the rules and take a decision within a period of three months. 8. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge