A.Shanmugam v. Union Of India Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.Shaanmugam ... Petitioner Vs.
Union of India represented by
1. The Secretary, Ministry of Home Affairs, North Block, New Delhi - 110 001.
2. The Directorate General, Central Reserve Police Force, Block No.1, CGO Complex, Lodhi Road, New Delhi - 100 003.
3. The Inspector General of Police, North West Sector, CRPF, Sector 34, Chandigarh - 160 022.
4. Dy.Inspector General of Police, CRPF, Office of the Dy.IGP, CRPF, Avadi, Chennai - 600 065.
5. The Director General of Police, Punjab Police Head Quarters, Sector 9, Chandigarh - 160 009.
6. The Commandant, 65BN, CRPF, 2, Tulsi, Raipur, Chandigarh - 492 101. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to confer the President's Medal for Gallantry to the petitioner as per the recommendations of the respondent no.6 dated 27.05.1988.
For Petitioner : Mr.N.Shanmuga Thayumanavanan For Respondents : Mr.B.Rabu Manohar, SPC CGG
O R D E R
The Writ Petition has been filed for directing the respondents 1 and 2 to confer the President's Medal for Gallantry to the petitioner as per the recommendations of the 6th respondent dated 27.05.1988.
2. Mere representation of the 6th respondent Commandant, CRPF would confer no right to the petitioner to seek President's Medal for Gallantry as an absolute right. The President's Medal for Gallantry is awarded based on the relevant merits and through assessments made by the competent authorities. High Court cannot interfere with such decisions taken, unless the petitioner establishes any illegality in following the procedures or otherwise. Mere recommendation is not a ground to seek a direction through the present Writ Petition. Thus, the petitioner has not established even a semblance of legal right for the purpose of considering the relief, as such sought for in the writ proceedings.
3. The learned counsel for the respondents, Mr.Rabu Manohar would submit that the President's Medal for Gallantry is awarded by following the
procedures and by making assessments and in the present case, the case of the petitioner was not considered for award the President's Medal for Gallantry.
4. This being the fact, this Court by exercising the powers of judicial review under Article 226 of the Constitution of India cannot issue a direction to the authorities to confer President's Medal for Gallantry. Since the petitioner was not selected for conferring the said award, the Writ Petition stands dismissed. No costs.
06.02.2024 skr Index : Yes / No Speaking order / Non-speaking order To
1. The Secretary, Ministry of Home Affairs, North Block, New Delhi - 110 001.
2. The Directorate General, Central Reserve Police Force, Block No.1, CGO Complex, Lodhi Road, New Delhi - 100 003.
3. The Inspector General of Police, North West Sector, CRPF, Sector 34, Chandigarh - 160 022.
4. Dy.Inspector General of Police,
CRPF, Office of the Dy.IGP, CRPF, Avadi, Chennai - 600 065.
5. The Director General of Police, Punjab Police Head Quarters, Sector 9, Chandigarh - 160 009.
6. The Commandant, 65BN, CRPF, 2, Tulsi, Raipur, Chandigarh - 492 101. S.M.SUBRAMANIAM, J.
skr
06.02.2024