Allahabad: Allahabad High Court overturned its own order in which Uttar Pradesh government was asked to recall all out of turn promotions given to policemen after enforcement of new service rules for constables, head constables, sub-inspectors and inspectors in 2008.
A Division Bench comprising Chief Justice Dhananjaya Yeshwant Chandrachud and Justice Dilip Gupta, in order dated February 3 held that the single judge bench order of January 13 was "a generalised order" for which "we do not find any basis or justification".
The order was passed on a special appeal filed by sub-inspector Kandwa Kumar Mishra, whose writ petition had been dismissed vide the impugned judgement with the remark that out of turn promotions were "an illegal benefit affecting discipline, rank and file in a force like UP Police Service which would otherwise have a negative impact on the disciplined and orderly behavior of police officers of subordinate ranks".
The petitioner had filed his writ petition with the plea that his case for out of turn promotion had not been considered despite recommendations made by many of his higher ups even as the same benefit had been extended to many of his colleagues.
However, the single judge bench had rejected his writ petition with the remark "two wrongs will not make one right", pointed out that the provision of out of turn promotions was done away with in the new service rules and issued directions for recalling all out of turn promotions awarded after the rules came into force in 2008 "within six months".
However, the Division Bench was of the view "it was not necessary or proper for the court to express a view on matters which had not been raised in the writ proceeding and to enlarge the ambit wider than what was required having regard to the canvas of the writ proceeding".
The Bench directed the Principal Secretary (Home) to elicit the views of the Director General of Police and "take a considered decision within a period of three months" as to whether "the administrative circulars for the grant of out of turn promotions" would continue to remain in force after the enforcement of 2008 rules.
"Based on the aforesaid decisions, the state government may take an appropriate decision in respect of the case of the appellant," the court added.