"No legal right to award:" Delhi High Court dismisses plea challenging denial of Gallantry Award

There is no legal right to an award or medal but only a right for consideration of name for such award/ medal, the Delhi High Court recently observed while dismissing a plea by a Central Reserve Police Force (CRPF) personnel challenging denial of Gallantry Award for his role in a 2019 operation between the CRPF and armed naxals [Manjunath Gouli v. Union of India and Others]..A Division Bench of Justices Manmohan and Navin Chawla held that the High Court in exercise of its writ jurisdiction, cannot confer a gallantry award but can only examine whether the decision making process was adhered to by the authority responsible for conferring the award."The petitioner has only a right for consideration of his name for the PMG award but he has no legal right to an award/medal. Further this Court in writ jurisdiction does not confer a gallantry award but it examines only the decision making process and at the highest can only direct the respondents to consider the petitioner’s request," the Court noted in its order.The writ petition was moved by a CRPF personnel Manjunath Gouli challenging an order dated July 23, 2021 passed by the respondent authorities, denying the petitioner Police Medal for Gallantry (PMG) Award.In the plea, the petitioner had sought directions from the Court to the respondent(s) to include petitioner’s name for the PMG award.It was the case of the petitioner that on July 25, 2019, he was involved in an encounter operation between the CRPF and armed Naxals due to which his name, along with other force personnel, was recommended for the PMG award, by the unit Commandant (one of the respondents), by way of a detailed report dated August 14, 2019.The petitioner was aggrieved by the fact that even though the Commandant had written a good recommendation and commended the bravery of the petitioner in the incident report, yet he was not conferred the Gallantry Award.On communicating the above-mentioned grievance and requesting reasons for non-consideration for the award, an order dated July 23, 2021 was issued by the respondent authorities stating that the petitioner’s role in the encounter was not up to the level for which his name could be recommended for the PMG award and hence the petitioner’s request was declined.Advocate Krishnan Kumar Sharma appearing for the petitioner, argued that the order by respondent authorities by which the petitioner's name was turned down, was discriminatory.Further, it was submitted that the actions of the authority cannot be allowed since the authorities themselves (referring to report of Commandant) had acknowledged the petitioner’s important role in the encounter/operation, yet his name was removed from consideration for the PMG award without any reason.The Court stated that the petitioner has only a right for consideration of his name for the PMG Award but has no legal right to an award/medal.While rejecting the plea of the petitioner, the Court noted that there exists no illegality in the decision-making process of the respondents that led to non-consideration of the name of the petitioner for the PMG Award..[Read Order]