Pending Departmental Inquiry Bars Promotion Despite Quashing Of Earlier Penalty: Tripura High Court
The Tripura High Court has held that a pending departmental proceeding can prevent an employee from being granted promotion, even after an earlier penalty imposed on him has been quashed.
Dismissing a police inspector's plea for retrospective promotion to the post of Tripura Police Service (TPS) GradeII, the Court observed that no order granting promotion could be passed until the subsequent departmental proceeding was concluded.
Justice Biswajit Palit remarked that: “Since the subsequent Departmental Proceeding is pending against the petitioner so till disposal of the said Departmental Proceeding there is no scope to pass any order for promotion in favour of the petitioner.”
The petitioner, Surasen Tripura, an Inspector of Police in Tripura, approached the Tripura High Court seeking retrospective promotion to the post of Tripura Police Service (TPS) Grade-II after several officers junior to him were promoted in 2021 and 2023.
His promotion had initially been withheld due to a departmental proceeding that resulted in a penalty of withholding one time-scale increment without cumulative effect.
The High Court subsequently quashed the penalty on September 6, 2024, directing that he receive all benefits as if no penalty had been imposed.
However, the authorities did not grant him promotion, citing a subsequent departmental proceeding initiated on January 24, 2024, concerning allegations of sexual harassment.
Aggrieved, he filed the present writ petition seeking retrospective promotion and consequential benefits.
The High Court observed that although the earlier penalty imposed on the petitioner had been quashed and his financial benefits restored, a subsequent departmental proceeding initiated on January 24, 2024, remained pending.
The Court held that it could not direct a review Departmental Promotion Committee (DPC) or grant promotion until the pending proceeding was concluded.
Accordingly, it dismissed the writ petition and directed the authorities to complete the departmental inquiry within six months from the date of the judgment, failing which the proceeding would stand abated.
The petitioner was granted liberty to submit a representation before the authorities after the inquiry concluded.
Date of Decision: 24.09.2026