Police Officer's Case For Promotion Can't Be Kept In Sealed Cover Citing Pendency Of 28-Yr-Old Criminal Case: Madhya Pradesh High Court

Madhya Pradesh High Court has recently granted relief to a police officer whose case of promotion was held in a sealed cover citing the pendency of an allegedly fabricated criminal case, registered against him 28 years before in Uttar Pradesh.

The single judge bench of Justice Vivek Agarwal opined that the government's action which is detrimental to the petitioner officer, Vijay Kumar Punj (DSP, CID-Bhopal), is not justified. The court has instructed that the recommendations of the Departmental Promotion Committee (DPC) kept in a sealed cover until now must be opened and acted upon, subject to the outcome of the criminal case.

“With the aforesaid stipulation, it is directed that sealed cover be opened and if petitioner is found fit for promotion as per the recommendations of the D.P.C., the said recommendations be acted upon with a condition that the promotion if so granted will be subject to outcome of that criminal case”, the bench sitting at Jabalpur noted that the said exercise should be completed by the department within 60 days.

It was stated that Criminal Case No.300/1996 of Police Station Jiyanpur, District Azamgarh, currently pending before the 6th Additional and District Sessions Judge, District Azamgarh was registered in 1996 against the petitioner officer for offences under Sections 364 and 342 of IPC. This case was allegedly filed at the behest of an anti-social element in Uttar Pradesh when the officer, as a sub-inspector posted at Habibganj, was a part of the search team deputed to trace the accused in a bunch of criminal cases.

Even after the registration of the criminal case, it was stated that the officer was promoted as an inspector. However, the pending proceedings became a hindrance for the prospects of the petitioner when the D.P.C convened again to consider promotions. Citing case pendency, his name was kept in a sealed cover by DPC whereas his juniors were promoted without any hassle.

The counsel for the petitioner, Manoj Kumar Chansoriya, urged the court to consider the decision of Allahabad High Court in a similar case of Umesh Pratap Singh v. State of U.P. & Ors. (2022). In this case, Allahabad High Court had taken the stand that the mere pendency of a criminal case coupled with the fact that the officer has been permitted to continue in service and also granted promotion, cannot be a ground for denying promotion.

The court, also relying on the decision in Neeraj Kumar Pandey v. State of U.P. & Ors (2022), deemed it fit to grant relief to the officer who was a member of the search party designated back in 1996 for grabbing the miscreants.

Earlier, the court had asked the DGP why the petitioner officer alone was discriminated against by the state when three other police officers who were listed as accused along with the petitioner were granted promotion. Later, in the affidavit presented before the court, DGP stated that the respective DPCs were not aware of the pendency of the criminal case and the other three officers were also 'promoted erroneously'. However, the court was not entirely convinced by the story canvassed by the Director General of Police.

“Another interesting aspect to this controversy is that department has been writing to the State of Uttar Pradesh that the petitioner and others were falsely implicated at the instance of a local goon, namely, Azam Khan, who was politically well connected, but the fact of the matter is that department did not bother to follow up the matter that when in their estimation it is a case of false implication, then what action was taken at the level of the Uttar Pradesh Police…”, the court had noted in its earlier order dated 21.02.2024.

Government Advocate Manas Mani Verma appeared for the respondent department of Home Affairs and Police authorities.

Case Title: Vijay Kumar Punj v. The State of Madhya Pradesh & Ors.

Case No: Writ Petition No. 5871 of 2023

Citation: 2024 LiveLaw (MP) 58

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