Dhananjay Krishna Chaturvedi vs The State Of Madhya Pradesh on 1 June, 2020
Author: Sushrut Arvind Dharmadhikari
1
WP-7690-2020
THE HIGH COURT OF MADHYA PRADESH
WP-7690-2020
(Dhananjay Krishna Chaturvedi Vs. State of M.P.)
Gwalior, Dated : 01/06/2020
Shri D.S. Raghuvanshi, learned counsel for the petitioner.
Shri Vijay Sundaram, learned Panel Lawyer for the
respondents/State.
In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.
Heard learned counsel for the parties.
By filing this petition under Article 226 of Constitution of India, the petitioner has not challenged any specific order but has challenged inaction on part of the respondents in not considering his case for out of turn promotion for the post of Platoon Commander for distinguished work undertaken by him while controlling the fire in a medical shop putting his life in danger.
Learned counsel for the petitioner submits that petitioner is holding the post of Head Constable and presently, he is posted in 13 th Battalion S.A.F. Gwalior (M.P.). While the petitioner was working as Constable on 27/03/2010, a medical shop was engulfed in fire and petitioner without caring for his life entered into the shop and WP-7690-2020 controlled the fire. For an act of bravery, under Rule 56 (3) of The M.P. Vishesh Sashastra Bal Adhiniyam, 1973, there is a provision to grant out of turn promotion for distinguished work undertaken by the member of S.A.F. In this regard, the petitioner has already moved the representation dated 07/02/2020 before the competent authority in light of the aforesaid rule, which is still pending. Under these circumstances, direction be issued to the competent authority to decide the representation as expeditiously as possible.
On the other hand, learned Panel Lawyer for the State has no objection to the innocuous prayer made by the petitioner. It is also submitted that at present, out of turn promotion has been stopped.
Taking into consideration the facts and circumstances of the case and Rule 56 (3) of The M.P. Vishesh Sashastra Bal Adhiniyam, 1973, respondents No.2 and 3 are directed to decide the pending representation dated 07/02/2020 (Annexure P/5) in accordance with law and pass a reasoned and speaking order as expeditiously as possible preferably within a period of three months from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on merits of the case.
With the aforesaid, this petition stands disposed of.
(S.A. Dharmadhikari) Judge rahul RAHUL SINGH PARIHAR 2020.06.01 20:09:27 +05'30'
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