Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:7528
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8251 of 2024 1 - Naresh Paikra S/o Shri Choudhary Paikra Aged About 38 Years R/o Village- Pandridand, Post - Dadgaon, Tahsil And P.S.- Udaypur, District- Sarguja (Chhattisgarh)
... Petitioner versus 1 - State of Chhattisgarh Through - Its Additional Chief Secretary, Department of Home/police, Mahanadi Bhawan, Mantralaya, P.S. And Post- Rakhi, Atal Nagar, Nawa Raipur,
Distt.-
Raipur,
Chhattisgarh 2 - The Additional Director General of Police (ADGP) Chhattisgarh Armed Force (Caf), Police Headquarter (Phq), Sector-19, P.S. And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt.- Raipur
(Chhattisgarh) 3 - Deputy Inspector General of Police (DIGP) Office of DIGP, STF, Baghera, Distt.- Durg (Chhattisgarh) 4 - Superintendent of Police (SP) O/o Superintendent of Police (SP), STF, Baghera, Distt.- Durg (Chhattisgarh)
... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Abhishek Pandey, Advocate For State/Respondents : Shri Rishabh Bisen, Panel Lawyer Digitally signed by GOPAL SINGH Date: 2025.02.14 11:10:25 +0530
2 Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 12/02/2025
1. I.A. No.1 for exemption from filing typed copy of documents is dismissed as not pressed as the documents have already been filed.
2. By this petition, the petitioner has sought a direction to the respondents to consider his claim for grant of out of turn promotion to the next higher post of Head Constable on the claim of having rendered exemplary services in terms of provision contained in Rule 56 (3) of the Special Armed Force Rules 1973 and Regulation 70 of the Police Regulations.
3. The petitioner’s claim is that the petitioner had participated in an operation carried by the Armed Forces and Police Forces against naxalites. The averment made in the petition are that many other police officers, who had participated in the same operation, have been granted aforesaid benefit, but, the petitioner has not been considered.
4.
Learned counsel for the State would point out that the petitioner has filed this petition without preferring any representation. He would submit that if the petitioner prefers a representation giving appropriate and relevant details of his claim, the competent authority under the Director General of Police shall examine and take appropriate decision within a reasonable time.
5. The provision contained in aforesaid two rules do make provision for
consideration of cases of out of turn promotion in certain contingencies where the police officers claim to have rendered exemplary services in the manner and under the circumstances referred to in the rules. If that is the claim of the
3 petitioner, the respondents are obliged under the law to examine the same whether the petitioner can also be granted those benefits.
6. 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 respondent No.2 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.
7. With the aforesaid observations and directions, the writ petition is disposed of. Sd/-
(Amitendra Kishore Prasad)
JUDGE Gopal Singh