MP cop offered Rs 1,600 for arresting dacoit, wins promotion 15 years later

“Such an approach, particularly when the petitioner had fearlessly and bravely participated in an anti-dacoit operation and discharged his duties with diligence and devotion, has the effect of lowering the morale of brave police personnel who are required to discharge their duties in situations involving grave risk to their lives and personal safety,” the court said.

The order noted that the petitioner had participated in the operation for apprehending the notorious and absconding offender Gulfam, who carried a reward of Rs 25,000. “The petitioner’s participation was recognised by the superior police authority and the SP specifically recommended him for out-of- turn promotion,” it said.

Justice Milind Ramesh Phadke said the SP’s recommendation could not be treated as a routine one.

‘Promotion went to another cop’

The petitioner, who was appointed as a police constable in 1993, approached the court challenging the denial of promotion despite a specific recommendation by the Ratlam SP for helping to arrest the notorious criminal.

In 2010, a case was registered against Gulfam at Manak Chowk Police Station for extortion, criminal intimidation and other IPC sections after he allegedly demanded Rs 10 lakh from a businessman. A police team then travelled to Rampur in Uttar Pradesh he was arrested with the assistance of the UP Police and Special Task Force.

Following the arrest, the SP recommended an out-of-turn promotion for the petitioner, along with two head constables. The petitioner relied on police diary entries, the reward list, newspaper reports and a hotel bill to establish his presence during the operation. However, he was denied the promotion, while another police officer was granted the benefit.

The petitioner alleged that the other officer’s name did not appear in the relevant police records or in the SP’s recommendation, but he had projected himself as a member of the arresting team. The petitioner then submitted a representation to the DIG before approaching the high court.

‘Authorities did not find him eligible’

Appearing for the petitioner, advocate K C Raikwar submitted that in recognition of his courage, dedication and active participation in the operation, the SP had specifically recommended the petitioner for an out-of-turn promotion but the respondents failed to extend the benefit.

Representing the state, government advocate Tarun Pagare argued that the petitioner’s role had been considered and that he was awarded Rs 1,600, but the authorities did not find him eligible or suitable for out-of-turn promotion.

SP’s recommendation not routine: HC

The court observed that out-of-turn promotion under Regulation 70-A is discretionary and cannot be claimed as an absolute legal right. However, the discretion of the competent authority must be exercised fairly, reasonably and without discrimination.

It held that where a police officer has been specifically recommended by a superior authority for distinguished performance, and similarly placed personnel involved in the same incident have received out-of-turn promotion, his claim cannot be rejected arbitrarily or mechanically.

The court said the SP’s recommendation could not be treated as an ordinary or routine recommendation, “The recommendation cannot be treated as an ordinary or routine recommendation. It was made by the Superintendent of Police, who had to assess the petitioner’s role and performance, and it specifically records the petitioner’s active participation in the arrest of the very offender in respect of whom the claim for out-of-turn recognition has arisen,” it stated.

Considering the long period of litigation, the court decided not to send the matter back for reconsideration. Instead, it directed the authorities to grant the petitioner out-of-turn promotion under Regulation 70-A, with all consequential benefits from the date similarly situated personnel were promoted.