Hon'ble Virendra Kumar-II,J.
(In Re:C. M. Application No. 26402 of 2019) (In Re: C. M. Application No. 26404 of 2019)
1. Heard Mr. Vinay Misra, learned counsel for the review applicant as well as Mr. Savitra Vardhan Singh, learned counsel for respondent nos. 1 and 2. The respondent nos. 3 to 7 are represented by learned Standing Counsel.
2. The review petition has been filed with delay. Since on objection has been filed by the opposite parties, considering the grounds taken in the application for condonation of delay, we feel appropriate to condone the delay and decide the review petition on merit.
3. The order is accordingly passed.
4. This review petition has been filed arising out of order dated 04.08.2017, whereby the Court has dismissed the writ petition on the ground that petitioner had earlier approached this Court by filing Writ Petition No. 6285 (S/S) of 2014 seeking out of turn promotion on the basis of extraordinary performance done by him in the same very incident, in which he is before this Court seeking decision for grant of gallantry award. As per learned counsel for the review-applicant the writ petition 6285 (S/S) of 2014 is still pending.
5. We have considered the submissions made by learned counsel for the parties and gone through the record.
6. The writ petition was filed in the Misc. Bench jurisdiction of this Court seeking direction to the opposite parties to take appropriate action and decide the recommendation letter dated 28.09.2016.
7. Learned counsel for the review applicant submits that vide letter dated 28.09.2016, the Superintendent of Police, Kheri has recommended the name of petitioner for grant of gallantry award. The said recommendation was made to the Zonal Inspector General of Police. However, no decision was taken on the said recommendation. The petitioner in the meantime has retired, as such he approached this Court for direction to the opposite parties to take appropriate decision on the said recommendation. The Court without considering the merit of the case has dismissed the writ petition vide order dated 04.08.2017.
8. Mr. Savitra Vardhan Singh, learned counsel for the opposite party nos. 1 and 2 points out that the petitioner, for the same purpose, had earlier approached this Court by filling another Writ Petition No. 7412 (MB) of 2015, which was dismissed vide order dated 18.08.2015 on the ground of inordinate delay and latches. The copy of the order dated 18.08.2015 passed in Writ Petition No. 7412 (MB) of 2015 is on record. It is also submitted that the alleged recommendation letter dated 28.09.2016 does not confer any right to the petitioner, as it is only recommendatory in nature.
9. We have considered the submissions.
10. It is to be noted that the petitioner has already retired from the service. Moreover, the recommendatory letter dated 28.09.2016 of the Superintendent of Police, Kheri, does not confer any statutory right on the petitioner to seek gallantry award. The said letter is only recommendatory in nature and it is for the authorities concerned to decide as to whether, the petitioner is entitled to be given the gallantry award or not. The petitioner, as such, does not have any right to get the said recommendatory letter enforced by way of a writ in the nature of mandamus issued by this Court.
11. Considering the aforesaid facts, we do not find any merit in the submission made by learned counsel for the review applicant.
12. The review petition, being devoid of merit, is dismissed. However, it will be open for the petitioner to pursue departmental remedy, if any, available with him.
Order Date :- 30.7.2019 Arvind