1..... W.A. No. 483 of 2011 State of M.P. and anr. Vivek Singh Chouhan and anr. 28.09.2011 Shri Vivek Agrawal, G.A. for the appellants. Shri Vikas Mahawar, Counsel for the respondent No.1. This appeal is directed against the order dated 27.10.2010 in W.P. No.7475/2008 by which the learned Single Judge considered the case of the petitioner/respondent and found that the petitioner had taken active participation in killing two dacoits on 24.6.2003 at Police Station Ghatigaon, district Gwalior. Learned Single Judge found that case of two persons was recommended in which the petitioner was the main official who took active part and killed two dacoits. The case of the petitioner was recommended by the Superintendent of Police, Gwalior for his out of turn promotion under Regulation 70(A) of M.P. Police Regulation. The bravery and the active participation of the respondent in killing the dacoits was also verified in the magisterial enquiry conducted in respect of the encounter by the Sub Divisional Magistrate, Gwalior in his report Annexure P-4. When the matter was placed before the concerned Board, the concerned Board in place of awarding out of turn promotion to the respondent, awarded Rs.1000/- as reward while another official Sitaram Sahu who had assisted the respondent in the said encounter was awarded out of turn promotion. The learned Single Judge found that the act of the respondent was of bravery. He made his efforts by taking risk of his life in killing the dacoits and was entitled for out of turn promotion and accordingly quashed the impugned order Annexure P-9 and directed the appellants to grant out of turn promotion to the respondent with retrospective effect from the date when the 2..... W.A. No. 483 of 2011 State of M.P. and anr. Vivek Singh Chouhan and anr. 28.09.2011 aforesaid promotion was given to Sitaram Sahu. This order is under challenge in this appeal. Learned counsel appearing for the State tried to assail the aforesaid order on merits and submitted that the act of the respondent was not of that bravery as was of Sitaram Sahu and the Board has rightly recommended reward of Rs.1000/- to the respondent but the learned Single Judge erred in issuing such a direction but was unable to point out any material to show that in fact the act of respondent was not of bravery or his act was of less bravery in comparison to Sitaram Sahu who was awarded out of turn promotion. Apart from this, it would be appropriate if the factual position in the case is stated. The respondent was posted as the Incharge Station House Officer of Police Station Ghatigaon district Gwalior in the year 2003. On 24.6.2003, an information was received by the respondent in respect of movement of a group of dacoits headed by one Bakila Gurjar within the jurisdiction of his Police Station. The dacoit movement was found in village Dadakhida. On receiving this information, the respondent alongwith a Home Guard Sitaram Sahu went to the place of the incident and killed two dacoits namely Rameshwar and Shiv Narayan Pathak . After the operation, lot of arms and ammunition in the possession of dacoits were also seized. An FIR was registered, a report was entered in the Roznamcha Sanha and seizure memo was also prepared on the spot which were produced before the learned Single Judge as Annexure P-1,P-2 and P-3. Looking to the role of the respondent of 3..... W.A. No. 483 of 2011 State of M.P. and anr. Vivek Singh Chouhan and anr. 28.09.2011 bravery, the Superintendent of Police, Gwalior vide Annexure P-5 recommended the matter of respondent for out of turn promotion. The Superintendent of Police while recommending the case of the respondent appreciated his act of bravery. He has also shown that the respondent had taken active initiation that too by putting his life in danger and his act was of bravery of high quality and discharge of the duties and recommended the case of respondent Vivek Chouhan for his out of turn promotion. A magisterial enquiry was also set up in respect of the encounter. The Sub Divisional Magistrate, Gwalior conducted an enquiry and in his report dated 17.11.2003 found that the respondent and the Home Guard Sitaram Sahu had participated in the encounter and he recorded a finding that their act was of bravery and they fought with the dacoits and killed them. Thereafter the matter was placed before the Board for consideration. The Board though recommended the case of Sitaram Sahu for out of turn promotion but recommended that the respondent be rewarded Rs.1000/- and rejected the claim of the respondent for out of turn promotion. This order was under challenge before the Single Bench. The Single Bench considered earlier decision in Mahendra Kumar Sharma vs. State of M.P. [W.P. No.579/04(s)] decided on 27.2.2007 and found that the case of the respondent is fully covered by the aforesaid judgment and quashed the order of the Board and directed the respondent to give out of turn promotion to the respondent at par which was granted to Sitaram Sahu. The learned Single Judge also directed that his promotion shall be w.e.f. the date 4..... W.A. No. 483 of 2011 State of M.P. and anr. Vivek Singh Chouhan and anr. 28.09.2011 on which Sitaram Sahu was given promotion. This order is under challenge in this appeal. As stated hereinabove, nothing could be brought to our notice that the order passed by the learned Single Judge is not correct or the judgment Mahendra Kumar Sharma (supra) is not applicable in the present case. In absence of which, if learned Single Judge after considering the peculiar facts of the case, the act of the respondent, his brave act in killing the dacoits by putting his life in danger, has directed the appellants to give the respondent out of turn promotion, no fault is found. This appeal is found without merit and is dismissed. (Krishn Kumar Lahoti) (Smt. Vimla Jain) JUDGE JUDGE vj