w ^ i¥~>' ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) W,P.No.($"7-?8/2006 Petitioner Respondents Komal Netam, S/o Shri Chandan Singh Netam, Aged about 37 years, Presently working as Head Constabte, P.S. Kuakonda, Distt. Dantewada (C.G.) Versus t 1) State of Chhattisgarh Through the Secretary Home Department, DKS Bhavan, Raipur (C.G.) 2) The Director General of Police, State of Chhattisgarh, P.H.Q., Raipur (C.G.) 3) The Inspector General of Police, Bastar Division, Bastar (C.G.) 4) The Superintendent of Police, Dantewada, District Dantewada (C.G.) ^ WRIT PETITION UNDER ARTICLE 226/SJT OF THE CONSTITUTION OF INDIA ^:---. .-RM^ HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION N0.6758 OF 2006 PEiiriONER Komal Netam Versus RESPONDENTS State of Chhattisgarh & Ofters (Writ PetiUon under Article 226 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri,J. Present:- Shri Anand Dadariya, Advocate for the petitioner. Shri A.V. Sridhar, Panet Lawyer for the State. ORDER ('ORAL) (Passed -m th.s 21st day of February, 2011) 1. Heard learned counsel for the parties. 2. The indisputable fects, as projected by the petitioner, are that the petitioner while working as Head Constable kitled one naxalite namely Nandai. Thereafter, the petitioner claimed out of turn promotion on the basis of regulation 70-A of the M.P./C.G. Police Regulations (for short "the Regulations") which provides for consideration for promotion of a Head Constable to the rank of Assistant Sub-lnspector by the Deputy Inspector Generat of Police with the prior approval of the Director General of Police, if he has disUnguished himself in anti decoity operations, law and order situations of shooting competitions or in some other field of duty. 3. According to the leamed counsel for the petitioner, by killing the naxalite, the petitioner has distinguished himself and, as such, he is entitled to be promoted to the post of AssistantSub-lnspector by the Deputy Inspector General of Police with the prior approvat of the Director Generaf of Police. 4. Leamed counsel relies on a report of Superintendent of Police, Dakshin Bastar, Dantewada submitted to the Inspector General of Police, Bastar Division, Jagdalpur on 04/08/2005 (Annexure R/1) wherein it was held that in the list publtehed by CPIML, Nandat was a member of special Gurilla Squad Kistaran Dalam of CPIML Peoples War Party, however, the same was rejected on the ground that the Police has not recorded the name of Nandal as naxalite or no money etc. was deciared on the head of the said alleged naxalite member. ( 5. On the other hand, Shri Sridhar, leamed Panef Lawyer appeartng for the State submits that the person namsly Nandal, who was killed by the petitioner, was not a naxallte and, as such, Vne claim of ttie petitioner for out of turn promotion was rejected. Thus, the petitioner is not entitled to any relief and the petition deserves to be dismissed. 6. Be that as it may, in the report dated 04/08/2005 addressed to the Inspector General of Police, Bastar Division, Jagdalpur, ft is not concluswe that Nandal was not a naxatite, as the Superintendent of Pollce himself has recorded that Nandal was recorded as a member of Guritla Squad 'Kistaran Dalam of CPIML Peoples War Party in a pamphlet Issued by CPIML Peoptos War Party. 7. In view of foregoing, the respondent authorities are direcled to consider the case of the petitioner ^gain and take appropriate action to grant benefit of regulation 70-A of the Regulations, in accordance with law on its own merit. 8. Accordingly, the writ petition stands disposed of wlth ie aforesaid observations. •7^ Sd/- Satish K. Agnihotri Judge < Arun