Nafr High Court
Case Details
1 2025:CGHC:44869 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 3688 of 2017 Ibrahim Menon S/o Shri Abdul Rajjak Menon, Aged About 40 Years Presently Working As A Head Constable Under The 12th Battalion C. A. F. Ramanujganj District Balrampur Ramanujganj Chhattisgarh. --- Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Home Police Mantralaya Mahanadi Bhawan New Raipur Chhattisgarh. 2 - Director General of Police, Police Headquarter Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 3 - Additional Director General C. A. F., Police Headquarter Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 4 - Inspector General C. A. F., Police Headquarter Raipur, District : Raipur, Chhattisgarh. 5 - Commandant 12th Battalion, C. A. F. Ramanujganj, District : Balrampur, Chhattisgarh. 6 - Mahant Singh, Assistant Commandant S. T. F. Bijapur District Bijapur, District : Bijapur, Chhattisgarh. 7 - Nehru Kashyap, Presently Working As Platoon Commander S. T. F. Lohandiguda, Bastar, District : Bastar(Jagdalpur), Chhattisgarh. 8 - Sourabh Mishra, Presently Working As H. C. S. T. F. Palanar District Dantewada, District : Dantewada, Chhattisgarh. 2 9 - Kartik Sidar, Presently Working As A Head Constable 13th Battalion Bango Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Respondent(s) with WPS No. 3689 of 2017
Legal Reasoning
Lalit Kumar Yadav S/o Shri Manohar Kumar Yadav, Aged About 36 Years Presentaly Working As Assistant Platoon Commander S. T. F. Baghera District Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State of Chhattisgarh Through Secretary, Department of Home Police, Mantrayala, Mahanadi Bhawan, New Raipur Chhattisgarh., Chhattisgarh 2 - Director General of Police, Police Headquarter, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Additional Director General of Police, C.A.F., Police Headquarter, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4 - Inspector General of C. A. F. Police, Police Headquarter, Raipur, District Raipur, Chhattisgarh , District : Raipur, Chhattisgarh 5 - Superintendent of Police, S. T. F. Bhaghera, District Durg, Chhattisgarh , District : Durg, Chhattisgarh 6 - Mahant Singh, Assistant Commandant S. T. F. Bijapur District Bijapur, Chhattisgarh , District : Bijapur, Chhattisgarh 7 - Nehru Kashyap, Presentaly Working As Platoon Commander S. T. F. Lohandiguda, Bastar, District Bastar Chhattisgarh , District : Bastar(Jagdalpur), Chhattisgarh 8 - Sourabh Mishra Presently Working As Head Constable S.T.F. Palanar District Dantewada (C.G.), District : Dantewada, Chhattisgarh 9 - Kartik Sidar, Present Working As Head Constable In 13th Battalion Bango, District Korba Chhattisgarh , District : Korba, Chhattisgarh --- Respondent(s) 3 with WPS No. 6052 of 2017 Madan Mohan Ojha S/o Shri Subh Narayan Ojha Aged About 40 Years Presently Working As Assistant Platoon Commander Apc In S. T. F. Baghera District Durg Chhattisgarh , Chhattisgarh --- Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of Home Police Mantralaya Mahanadi Bhawan New Raipur, Chhattisgarh. 2 - Director General of Police, Police Headquarter Raipur, District Raipur Chhattisgarh. 3 - Additional Director General, C. A. F. Police Headquarter Raipur, District Raipur Chhattisgarh. 4 - Inspector General C. A. F., Police Headquarter Raipur, District : Raipur, Chhattisgarh. 5 - Superintendent of Police, S. T. F. Baghera, District Durg, Chhattisgarh. 6 - Mohan Singh, Assistant Commandant S. T. F. Bijapur District Bijapur Chhattisgarh. 7 - Nehru Kashyap, Presently Working As Platoon Commander S. T. F. Lohandiguda, Bastar District Bastar Chhattisgarh. 8 - Sourath Mishra, Presently Working As Head Constable S. T. F. Palanar, District Dantewada Chhattisgarh. 9 - Kartik Sidar, Presently Working As A Head Constable 13th Battalion Bango, District Korba Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Sushil Dubey, Advocate For State : Mr. R. K. Gupta, Additional Advocate General Mr. Sanjeev Agrawal, Panel Lawyer Mr. Vedant Shadangi, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 03/09/2025 4 1. Since common question of law and facts are involved in these writ petitions, therefore, they are clubbed together, heard together and finally decided by this common order. 2. In these petitions, the petitioners have sought a direction to the respondents No.2 and 3 to grant them out-of-turn promotion on the ground that they had participated in a naxal operation. 3. Learned counsel for the petitioners would submit that at present the petitioners (Lalit Kumar Yadav and Madan Mohan Ojha) are working to the post of Assistant Platoon Commander (ACP) in STF Baghera, District Durg and petitioner (Ibrahim Menon) is presently working to the post of Head Constable under the 12th Battalion ACF C.A.F. Ramanujganj, District Balrampur. They participated in a joint naxal operation along with the STF, DF and ATS at Choote Loram & Forest of Jharan Dongri, falling within the jurisdiction of Police Station Sankra, District- Mahasamund on 09.10.2010. He would submit that in the said operation, five male and three female naxalites were killed and a large quantity of arms and ammunition was seized. An FIR was registered as Crime No.108/2010 at Police Station Sankar on 09.10.2010 for offences punishable under Sections 302, 307, 147, 148, 149, 120B, 121, 122 of the Indian Penal Code; 25 and 27 of the Arms Act; and 5 Sections 3, 5 of the Explosive Substances Act, 1908 against 30 to 40 unknown naxalites. He would further submit that respondents No.6 to 9, who had also participated in the said operation, have already been granted out-of-turn promotion, but the names of the petitioners have not been considered. 4. Learned counsel would further submit that the briefing report prepared by the Superintendent of Police clearly mentions the participation of the petitioners in the naxal operation, yet their names were not recommended for out-of-turn promotion. He would contend that a direction may be issued to respondents No.2 and 3 to consider the claim of the petitioners for out-of-turn promotion in accordance with Police Regulations 56 & 70 and in the light of the judgment/order passed by the Hon’ble Division Bench in the matter of State of Chhattisgarh vs. Brajesh Kumar Tiwari (Writ Appeal No.214/2025, decided on 28.03.2025). 5. On the other hand, learned counsel appearing for the respondents would oppose the submissions of learned counsel for the petitioners. He would submit that the claims of the petitioners are to be considered by the competent authority strictly in accordance with the applicable rules and practice. He 6 would further submit that the Superintendent of Police, who was himself a member of the joint operation, did not recommend the names of the petitioners for out-of-turn promotion, whereas the names of some other participants were recommended. According to him, though the participation of the petitioners is mentioned in the briefing report, their role was not found to be of such significance as to warrant recommendation for out-of-turn promotion. Learned State counsel would also submit that the petitioners never raised demand for out-of-turn promotion. It is not in dispute that the petitioners had participated in the naxal operation held on 09.10.2010, during which arms and ammunition were seized. Though their names are included in the briefing report, they were not recommended for promotion for reasons best known to the police authorities. He would submit that the petitions are liable to be dismissed. 6. Heard learned counsel for the parties and perused the material placed on file. 7. Considering the above facts, the petitioners is granted liberty to make a representation before respondents No.2 and 3 seeking out-of-turn promotion in accordance with the Police Regulations 7 56 & 70 and in turn, the authorities concerned are directed to consider and decide the said representation strictly in accordance with law, keeping in mind the judgments/orders passed in similar cases, including the judgment rendered by the Hon’ble Division Bench in the matter of Brajesh Kumar Tiwari (supra). 8. The decision on such representation shall be taken by the competent authorities within a period of 90 days from the date of receipt of a certified copy of this order. 9. With the aforesaid observation(s) and direction(s), these writ
Decision
petitions stand disposed of. Sd/- Rakesh Mohan Pandey JUDGE Nadim