1 2026:CGHC:24453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 337 of 2022 Hari Ram Mandavi S/o Shri Khujja Ram Mandavi Aged About 31 Years Occupation- Service, Posted As Constable In Police Station Iragaon, Tahsil Keshkal, Kondagaon, District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Principal Secretary, Deparment Of Home Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Director General Of Police, Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Inspector General Of Police, Range Bastar, District Jagdalpur, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 4 - The Superintendent Of Police, Kondagaon, District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh 5 - The Police Station Dhanora, Through The Station House Officer, Dhanora, District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh 6 - Incharge, District Reserve Guard, Kondagaon, District- Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ... Respondents {Cause title, as taken from CIS} For Petitioner : Mr. Parth Kumar Jha, Advocate. For Respondent/State : Mr. Siddharth Sharma, Panel Lawyer 2 (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 17.06.2026 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs :- “10.1 The Hon'ble Court may graciously be pleased to issue a writ / order / direction in the nature of mandamus thereby directing the respondents to recommend and consider the name of the petitioner for out of turn promotion, in the ends of justice. 10.2 Any other relief which this Hon'ble Court deems fit and proper be awarded in favour of the petitioner, including cost.” 3. Facts of the case, in brief, are that the petitioner, who was posted as Constable No. 666, under the District Reserve Guard (DRG) at Police Station Iragon, Tahsil Keshkal, District Kondagaon, alongwith 55 other police personnel of two teams comprising the DRG and the police outpost participated in naxalite operation on 01.06.2021, in which, two Naxals namely Ashu Korcha (male) and Asmita (female) were killed in an encounter that took place on that day. In respect of aforesaid incident, FIR was registered at Police Station Dhanoura, District Kondagaon on 03.06.2021 for the offence punishable under Sections 147, 148, 149 and 307 of the IPC, Section 25 & 27 of the Arms Act, 1959 and Section 4 of the Explosive Substance Act, 1908. Necessary reports were also sent to the higher officials in this regard. After such operation, the then Superintendent of Police, District Kondagaon sent a recommendation (Annexure R-1) on 10.11.2021 for cash rewards recognizing the roles of the total 64 police 3 personnel including petitioner participated in the said operation. Despite having participated in this operation, the petitioner was not granted an out-of-turn promotion under Regulation 70(A) of the C.G. Police Regulations. therefore, the petitioner has filed instant petition questioning the same. 4. Learned counsel appearing for the petitioner submits that the name of the petitioner was recommended for cash reward for the exemplary role played by him in the said Naxalite Operation. The recommendation was also made by the then Superintendent of Police, District Kondagaon vide ANO report (Annexure P-2) mentioning therein that role played by petitioner alongwith other 10 police personnel were praiseworthy, but vide Annexure R-2, name of only six police personnel have been recommended for out of turn promotion by the Superintendent of Police, District Kondagaon. He further stated that the respondents have not produced any document to show why the petitioner's name was not recommended for out-of-turn promotion. Therefore, he prays that this writ petition be allowed and the relief sought for by the petitioner be granted. 5. The respondents-State has filed its return and has also filed affidavit of Officer in-charge in compliance of the order passed by this Court. 6. Learned counsel for the State while referring to its reply and affidavit would submit that vide Annexure R-1, name of total 64 police personnel including name of petitioner, who participated in naxalite operation on 01.06.2021, were recommended by Superintendent of Police, Kondagaon for grant of cash reward, which was extended to them. He further submits that vide Annexure R-2 dated 02.01.2022, Superintendent of Police, District Kondagaon recommended the name of six police personnel for granting out-of-turn promotion. A perusal of the document (Annexure R-2) reveals that two other police personnel/constables were also found suitable for 'out-of-turn’ promotion, but prior to making such recommendation, they had already been 4 promoted to the post of ‘Head Constable’, therefore, name of only six police personnel were recommended vide Annexure R-2 to grant them out-of-turn promotion. He further submits that since the petitioner was member of police party and participated in the Naxalite operation, therefore, he and other police personnel were awarded a cash reward for their exemplary role in that operation, However, since the then Superintendent of Police of Kondagaon did not find the petitioner suitable for out-of-turn promotion after scrutinizing his role, his name was not included in Annexure R-1, therefore, this petition deserves to be dismissed. 7. I have heard learned counsel for the parties and perused the material available on record. 8. It is not in dispute the petitioner was member of police party, who conducted naxalite operation and killed two nexalites in an encounter that took place on 01.06.2021. It is also not disputed that vide Annexure R-1, names of total 64 police personnel, including name of petitioner, were recommended by Superintendent of Police, Kondagaon for grant of cash reward, who participated in the said encounter, which shows that the petitioner was awarded a cash reward of 3,400/-. ₹ 9. In the case of State of Madhya Pradesh & another vs. Sanjay Shukla1, their Lordship of the Supreme Court held that, “………..Therefore, as per Regulation 70(A), out-of-turn promotion cannot be claimed as a matter of right. It is true that the case for out-of-turn promotion is required to be considered objectively and if the case falls within any of the categories mentioned in Regulation 70A. Once, the Committee takes a conscious decision on consideration of the case objectively in line with Regulation 70A and the process is found to be fair, just and equitable, thereafter, the Court’s intervention is minimal.” 1 Petition (s) for Special Leave to appeal (C) No. 1040 of 2021. 5 10. In the instant case, though name of petitioner was recommended for grant of cash reward on account of role played by him in said naxalite operation, but nothing is found from the record that role played by the petitioner was so exemplary, which entitled him for grant of out-of-turn promotion, if his role would have found of that level, then, the then Superintendent of Police, Kondagaon would have also recommended the name of petitioner for grant of out-of-turn promotion. List of firing detail (Annexure P-1) filed by the petitioner on the date of said nexalite operation shows that he fired only three rounds, whereas several other police personnel fired a significantly higher number of rounds. As has been observed by the Apex Court in aforecited case that out-of-turn promotion cannot be claimed as a matter of right, nothing is found from the record to have considered the role played by the petitioner entitling him to grant out-of-turn promotion, as mere participation in naxalite operation does not constitute sufficient ground for granting an out-of-turn promotion. 11. In view of above, this Court is not inclined to allow instant petition, hence, the same is liable to be and is hereby dismissed at the motion stage itself. 12. Pending interlocutory application (s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.06.23 18:25:22 +0530