The court highlighted the importance of expeditiously finalizing disciplinary proceedings/criminal prosecutions and the obligation to consider ad-hoc promotion in such cases.

JUDGMENT :

The present writ petition has been instituted by the writ petitioner under Article 226 of the Constitution of India challenging a letter dated 20.12.2021 issued by the respondent no. 4, that is, the Deputy Inspector General of Police [Head Quarter] Nagaland, Kohima. Apart from seeking setting aside and quashing of the impugned letter dated 20.12.2021, the petitioner has sought for a direction to consider his case for ad-hoc promotion from the post of Assistant Sub-Inspector [ASI] of Police to the post of Unarmed Branch Sub-Inspector [UBSI] of Police as, in the meantime, a number of Assistant Sub-Inspectors who were junior to the petitioner, have been promoted to the rank of UBSI.

2. The facts leading to the institution of the writ petition, can be narrated, in brief, as follows :-

2.1. The petitioner came to be appointed as an Assistant Sub-Inspector [ASI] against a sanctioned post vide an order dated 09.02.2003 passed by the respondent no. 3, that is, the Director General of Police, Nagaland. As per the said order of appointment, the vacancy against which the petitioner was appointed was at Ralan Police Station. On receiving the order of appointment, the petitioner immediately joined in the post of ASI of Police and he was posted at the DEF, Wokha. At the time of institution of the writ petition, the petitioner has been serving as such ASI.

2.2. According to the petitioner, the next promotional post from the post of ASI of Police is the post of Unarmed Branch Sub-Inspector [‘UBSI’, for short].

2.3. In the year 2012, a First Information Report [FIR] came to be lodged before the Officer In-Charge, Diphupar Police Station and the said FIR had been registered as Diphupar Police Station Case no. 40/2012 for offences under Sections 25[1][a] of the Arms Act, 1959. The allegations in the FIR were inter alia to the effect that 3,700 live rounds of 7.62 mm ammunitions, 38 nos. of magazines of SLR, 1 magazine of .303 rifle, 7.62 empty cases – 100 nos., ammunitions container – 7 nos., Rifle box – 02 nos., etc, were seized from the house of one Enyimi Chakhesang @ Enyihi Chakhesang, a Havildar of Nagaland Police, when his house was raided and searched on 20.04.2012. In the course of investigation of Diphupar Police Case no. 40/2012, the petitioner was also arrested finding his complicity in the alleged offences. Apart from Enyimi Chakhesang @ Enyihi Chakhesang and the petitioner, involvement of a number of other police personnel were found in the criminal conspiracy in the course of investigation carried out in connection with Diphupar Police Case no. 40/2012.

2.4. Immediately after registration of Diphupar Police Case no. 40/2012, the petitioner was placed under suspension with immediate effect by an order dated 25.04.2012 passed by the respondent no. 3 in exercise of powers conferred by Sub-Rule [1] of Rule 6 of the Nagaland Services [Discipline and Appeal] Rules, 1967.

2.5. A disciplinary proceedings had been drawn up against the petitioner thereafter with the issuance of a Memorandum dated 19.11.2012. Proposing disciplinary proceedings against the petitioner under Rule 9[2] of the Nagaland Services [Discipline and Appeal] Rules, 1967, the Memorandum was served along with the Articles of Charges, a list of documents and a list of witnesses. On receipt of the Memorandum and the Article of Charges, the petitioner submitted his Written Statements-of-Defence to the said Memorandum and the Article of Charges before the respondent no. 3 through the Superintendent of Police, Wokha. By a letter dated 06.12.2012, the Superintendent of Police, Wokha forwarded the said Written Statements-of-Defence, submitted by the petitioner, to the respondent no. 3 for further necessary action. In the Written Statements-of-Defence, the petitioner had denied all the charges levelled against him by the Memorandum dated 19.11.2012. By an order dated 31.01.2013, the respondent no. 3 in exercise of powers conferred by Rule 10 of the Nagaland Services [Disciplin