Promotion cannot be withheld on mere pendency of an inquiry; formal charges must be issued. Denying rights based on unresolved issues is arbitrary and illegal.

JUDGMENT :

ANJAN MONI KALITA, J.

Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Mr. D. Mahanta, learned counsel for the petitioner. Also heard Mr. C. K. S. Baruah, learned Government Advocate, representing on behalf of all the respondents.

2. The instant writ petition has been filed by the petitioner, assailing the order dated 27.03.2025, issued by the Principal, Lachit Barphukan Police Academy, Dergaon, Assam, whereby, the petitioner was discharged from his training w.e.f. 27.03.2025, as the promotion of the petitioner was directed to be kept in abeyance pending the clearance of vigilance case pending against the petitioner.

3. The case of the petitioner in the instant case is summarized herein below: -

(i) The petitioner was appointed as Constable in the Assam Police in the year 1987. Thereafter, the petitioner was promoted to the rank of Assistant Sub- Inspector (ASI) in the year 2012. For the promotion in the rank of Sub- Inspector (SI) (UB), a departmental examination was held on 19.01.2025, which was passed by the petitioner, vide a select list prepared by the respondent authorities wherein, the petitioner’s name featured at Serial No.314 bearing Roll No. 11164.

(ii) On 03.03.2025, the respondent authority was pleased to appoint the petitioner as Sub Inspector (SI) along with other candidates who have passed the departmental examination held on 19.01.2023 and accordingly, the petitioner had joined the promotional post wherein, his name has been reflected at Serial No. 307. It is contended by the petitioner that in the aforesaid order dated 03.03.2025, it was mentioned that the petitioner along with other candidates were promoted, provided, no Court case/departmental proceeding were pending/contemplated against them and the period of punishment, if any, was not operative at that point of time.

(iii) The respondent authority, thereafter, sent the petitioner along with other candidates who were newly promoted to Sub Inspectors (UB) for Induction Course at Lachit Barphukan Police Academy, Dergaon, vide letter no. I/991963/2025 dated 12.03.2025. In pursuant to the aforesaid letter dated 12.03.2025, the respondent no. 3 issued movement order dated 17.03.2025, whereby, 118 newly promoted Sub-Inspectors (UB) were deputed to report the Principal, Lachit Borphukan Police Academy, Dergaon on 19.03.2025 for attending Induction Course w.e.f. 20.03.2025, for a duration of 4(four) weeks. Thereafter, the petitioner joined the Induction Course at Lachit Borphukan Police Academy, Dergaon, on 20.03.2025. After joining the aforesaid academy, the petitioner was undergoing the Induction Course, however, on 27.03.2025, the petitioner received a communication i.e. Memo No. FA/XI-12/2025/Pt/32 dated 26.03.2025, issued by the Inspector General of Police (a), Assam, whereby, the petitioner was discharged from the training with immediate effect. Accordingly, vide the aforesaid order, the petitioner was reverted from the Induction Course and he was posted again at Special Branch, Kahilipara, Assam.

(iv) The petitioner was informed that a Regular Enquiry bearing RE No. 03/2014 was pending in the office of the Anti-Corruption and Vigilance Cell, Assam, while he was posted as Assistant Sub-Inspector (ASI) of Police in Panikhaiti Police Out-Post. The petitioner contended that the petitioner has been in service for more than 13 years in the rank of ASI (UB) of Police and he has no adverse record in his service career except the aforesaid pending Regular Enquiry. Therefore, by not allowing the petitioner to complete the Induction Course as well as keeping his promotion at abe