No Charge Sheet Filed: Gauhati High Court Asks Authorities To Reconsider Sub-Inspector’s Case For Promotion Despite Criminal Case Pendency
The petitioner had approached the Gauhati High Court seeking a direction to recall the impugned decision of the Departmental Selection Board.
Gauhati High Court
Taking note of the fact that no charge was filed in a criminal case pending against a Sub-Inspector and the other Officials had been promoted, the Gauhati High Court has directed the reconsideration of her case for promotion to the rank of Inspector (UB) in light of the law laid down by the Apex Court that promotion cannot be denied where no charge sheet is issued.
The petitioner had approached the High Court seeking a direction to recall the impugned decision of the Departmental Selection Board not to consider the case of the petitioner for confirmation in her service as SI (UB). The petitioner further sought confirmation of her service in the rank of SI (UB) and pre-promotion cadre course training for promotion to the rank of Inspector (UB).
The Single Bench of Justice Budi Habung stated, “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.”
Advocate D. K. Roy represented the Petitioner while Govt. Adv. A. Chakraborty represented the Respondent.
Factual Background
The petitioner was appointed as a constable and joined service on September 12, 1990. Thereafter, she was promoted to the post of Havildar and subsequently promoted to the rank of SubInspector (UB). While serving as Sub-Inspector (UB), an FIR was lodged by the complainant alleging that the petitioner had demanded a sum of Rs 10 lakh for securing his release, and an amount of Rs 4 lakh was paid, following which he was released. On the basis of the said FIR, a criminal case was registered under Sections 384, 34 IPC and the petitioner was placed under suspension. However, by an order of the Superintendent of Police, the said period of suspension was regularised and treated as on duty.
The petitioner brought it to the Court’s notice that the informant who lodged the FIR against the petitioner subsequently withdrew the complaint by filing a petition stating that the FIR was lodged due to a misunderstanding, under the influence of a certain police authority of Garchuk Police Station, and the allegation of demand for money was not correct. It was in such circumstances that the petitioner sought confirmation of her service in the rank of Sub-Inspector (UB).
Arguments
Placing reliance on the Office Memorandum No. ABP 29/2006/38 dated May 9, 2006, issued by the Government of Assam, Department of Personnel (B), Dispur, Guwahati, the petitioner contended that promotion cannot be withheld merely on the ground of pendency of a preliminary inquiry or investigation. Reliance was also placed on the decision of the Supreme Court in Union of India vs. K.V. Janakiraman etc, (1991), wherein it has been held that promotion cannot be denied merely based on suspicion or where no charge sheet has been issued.
Reasoning
The Bench took note of the treatment accorded to similarly situated officials involved in the same case and the fact that no charge sheet had been filed against the petitioner to date. The Bench thus asked the authorities to consider the law down in K.V. Janakiraman (Supra), take into account the Office Memorandum dated May 9, 2006, 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.
“The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order”, it ordered.
Cause Title: Smt. Dipali Baruah v. The State of Assam and 5 Ors (Neutral Citation: 2026:GAU-AS:5946)