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2021 Supreme(Gau) 619

SOUMITRA SAIKIA
Isihangbe – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C.T. Jamir
For the respondent: Ms. Inaholi

JUDGMENT :

1. The essential facts necessary for deciding this matter are that the petitioner who is an employee in the Police Department was given out- of-turn promotion to the rank of Unarmed Branch Inspector (‘UBI’). The petitioner was a part of a four-member Anti-Vehicle Theft Squad (‘AVTS’) and during the relevant point in time the AVTS has been successfully recovering a total of 57 vehicles worth around 2.5 crores leading to the arrest of 3 habitual offenders that culminated in their detention under NSA.

2. In terms of the Office Memorandum dated 16.9.2005, it provides for out-of-tum promotion in cases where the conditions therein Office Memorandum are satisfied. As the petitioner fulfilled the criteria provided in the said Office Memorandum, the petitioner's name was recommended for out-of-tum promotion from the rank of Unarmed Branch Sub-Inspector to Unarmed Branch Inspection (Class-II Gazetted) and he was promoted to the said post vide Notification dated 23.1.2018. Subsequently, by another Notification dated 5.6.2018, the petitioners out- of-tum promotion was revoked with

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