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2026 DAILYLAW 5633 (CHH)

BIRESH KODOPI v. STATE OF CHHATTISGARH

WPS/353/2026 · 2026-01-13

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:2215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 353 of 2026 1 - Biresh Kodopi S/o Shri Talab Singh Kodopi Aged About 35 Years R/o Village- Pidchod, Post- Lohattar, Tahsil- Durgukondal, P.S. Lohattar, Distt. North Bastar, Kanker C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home/police, Mahanadi Bhawan, Mantralaya, P.S. And Post- Rakhi, Atal Nagar, Nava Raipur, District Raipur C.G. 2 - Director General Of Police (D G P), Police Headquarter (P H Q), Sector- 19, P.S. And Post- Rakhi, Atal Nagar, Nava Raipur, District Raipur C.G. 3 - Additional Director General Of Police (A D G P), Naxal Operation, Office Of A D G P, Naxal Operation, Police Headquarter (P H Q), Sector- 19, P.S. And Post- Rakhi, Atal Nagar, Nava Raipur, District Raipur C.G. 4 - Inspector General Of Police (I G P), Office Of Inspector General Of Police (I G P), Special Intelligence Branch (S I B), Police Headquarter (P H Q), Sector- 19, P.S. And Post- Rakhi, Atal Nagar, Nava Raipur, District Raipur C.G. 5 - Superintendent Of Police (S P), O/o Superintendent Of Police (S P), North Bastar, Kanker, Distt. Kanker C.G. 6 - Additional Superintendent Of Police (Add. S P), O/o Add. S P, Pakhanjur, Distt. North Bastar, Kanker, C.G. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.01.15 10:37:15 +0530 2 7 - Sub Divisional Police Officer (S D O P), O/o S D O P, Antagarh, Distt. North Bastar, Kanker, C.G. ... Respondent(s) For Petitioner : Mr. Abhishek Pandey, Advocate with Ms. Varsha Sharma, Advocate. For Respondents : Mr. Santosh Bharat, Govt. Advocate SB: Hon’ble Mr. Justice Part Prateem Sahu Order on Board 14/01/2026 1. Petitioner has filed this petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to the case of the petitioner before this Hon’ble Court for its kind perusal 10.2. That this Hon’ble Court may kindly be pleased to permit the petitioner to prefer representation before the Respondent No.2, 3 and 4 and also direct the Respondents No.2, 3 and 4 to decide the representation of the petitioner for grant of out of turn promotion to the petitioner on the post of Head Constable according to Regulations 70 (A) of Police Regulation 1861 10.3. That this Hon’ble Court may further be pleased to direct respondents to give suitable compensation to the petitioners for the mental trauma and agony, harassment and hardships suffered by them as also cost of the litigation.” 2. Learned counsel for petitioner submits that petitioner is working as Constable in Police Department. During his 3 posting in District Kanker, petitioner has participated in 08 naxal operations. According to the policy formulated by the State Government, the police personnel participated in naxal operation is to be granted out of turn promotion in terms of provision contained in Rule 56 (3) of the Special Armed Force Rules 1973 and Regulation 70 of the Police Regulations, 1861. Petitioner submitted representation before the respondent No.6 on 1.4.2022 for grant of out of turn promotion to him, however, no decision on it has been taken till date. He further submits that as per subsequent development, now respondent Nos.2 and 3 are competent to take decision on the claim of petitioner and therefore, petitioner may be permitted to submit fresh representation before respondent Nos.2 and 3 for grant of out of turn promotion to him and in turn, respondents No.2 and 3 be directed to take decision on representation to be submitted by petitioner at the earliest. 3. Learned counsel for respondent-State would submit that in view of limited prayer made by learned counsel for petitioner seeking permission to submit fresh representation before respondent No.2 and 3 for grant of out of turn promotion, he is having no objection. 4. Heard learned counsel for parties and perused documents available in record of writ petition. 4 5. On due consideration of submission of learned counsel for respective parties, this writ petition is disposed of at this stage permitting petitioner to submit fresh representation before respondent No.2 and 3 for redressal of his grievance as portrayed in this writ petition. If petitioner submits representation before respondent No.2 and 3, the same shall be considered and decided by them in accordance with law expeditiously, preferably within a period of two months from the date of receipt of representation. 6. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-