Promotion Can't Be Denied Due To Pending Investigation Without Chargesheet: Gauhati High Court

The Gauhati High Court has directed the Assam Police authorities to reconsider the case of a woman Sub-Inspector for confirmation in the rank of Sub-Inspector (UB) as well as promotion to the rank of Inspector (UB), while taking into account that no charge-sheet had been filed against her despite pendency of a criminal case.Justice Budi Habung, presiding over the case, observed, “Having considered the submission made by the learned counsel for the parties and upon perusal of the materials on record, this Court is of the view that the ends of justice would be met if a direction is issued to the respondent authorities to reconsider the case of the petitioner.” “Accordingly, this writ petition is disposed of with a direction to the respondent authorities to examine and consider the case of the petitioner for confirmation in the rank of Sub-Inspector (UB) as well as for promotion to the rank of Inspector (UB), strictly in accordance with law. While doing so, the authorities shall take into account- the Office Memorandum dated 09.05.2006; the law laid down in Union of India vs. K.V. Janakiraman (supra); the fact that no charge sheet has been filed against the petitioner till date; and the treatment accorded to similarly situated officials involved in the same case.” The Court passed the order in a writ petition filed by one Smti Dipali Baruah, who sought a direction to the respondents to recall or cancel the decision of the Departmental Selection Board not to consider her case for confirmation as SI (UB), and to consider her case for confirmation and pre-promotion cadre course training for promotion to Inspector (UB). The petitioner was appointed as a constable in 1990, promoted as Havildar with effect from 2003, and later promoted to the rank of Sub-Inspector (UB) with effect from 2013. While she was serving as SI (UB), an FIR was lodged in 2017 alleging that she had demanded Rs. 10 lakh for securing the release of the informant, out of which Rs. 4 lakh was allegedly paid. On that basis, a case under Sections 384/34 IPC was registered and she was arrested in connection with the case. Her counsel submitted that because of the allegation, she was placed under suspension from 02.06.2017 to 04.12.2017. However, by an order dated in 2021, the period of suspension was regularised and treated as on duty. It was further submitted that the informant later withdrew the complaint by filing a petition, stating that the FIR was lodged due to a misunderstanding and under the influence of certain police authority of Garchuk Police Station, and that the allegation of demand of money was not correct. The petitioner's grievance was that although her name appeared at Serial No. 91 in the nominal list of departmental promotee Sub-Inspectors (UB) for the years 2013-2016, and although she was allowed to undergo and successfully complete the 59th Batch Pre-Promotion Cadre Course at Lachit Barphukan Police Academy, Dergaon, her name was not included in the final list of confirmed Sub-Inspectors (UB), while her juniors were included. It was also submitted that persons junior to her had already been promoted to the rank of Inspector (UB). Relying on the Office Memorandum dated 09.05.2006 issued by the Government of Assam, Department of Personnel (B), Dispur, Guwahati, it was contended that promotion cannot be withheld merely on the ground of pendency of a preliminary inquiry or investigation. Further reliance was also placed on the decision of the Supreme Court in Union of India vs. K.V. Janakiraman etc, reported in AIR 1991 SC 2010, wherein it has been held that promotion cannot be denied merely on the basis of suspicion or where no charge sheet has been issued. The Court recorded the relevant paragraph from the judgement as:“no promotion can be withheld merely on the basis of suspicion or doubt, or where the matter is under preliminary investigation and has not reached the stage of issuance of a charge sheet.” The State, through the Government Advocate, fairly submitted that the matter may be remanded to the competent authority/Departmental Promotion Committee for reconsideration of the petitioner's case in accordance with law.After considering the submissions and materials on record, the Court directed that the exercise be completed within three months from the date of receipt of a certified copy of the order and disposed of the writ petition.Case Number: WP(C)/331/2024 Case Name: Smti Dipali Baruah v. State of Assam & Ors. Click here to read the judgment

Promotion Can't Be Denied Due To Pending Investigation Without Chargesheet: Gauhati High Court

Bhavya Singh

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