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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Naba Thakuria, S/o. Late Jagenswar Thakuria – Appellant
Versus
State Of Assam, rep. By The Commissioner And Secretary To The Govt. Of Assam, Home And Political Department – Respondent
| Table of Content |
|---|
| 1. promotion can be withheld based on pending cases. (Para 2 , 3) |
| 2. discharge without notice violates rights. (Para 4 , 5 , 6) |
| 3. pending enquiries do not justify withholding promotions. (Para 7 , 8) |
| 4. pendency of inquiry requires formal charges for promotion denial. (Para 10 , 11) |
| 5. court quashes invalid discharge order; reinstatement directed. (Para 13 , 14 , 16) |
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,
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.
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
Denial of promotion based solely on pending criminal proceedings constitutes unjust punishment, especially when trials are unduly delayed.
Indefinite withholding of promotion due to pending vigilance proceedings is unjust, and employees have a right to timely consideration for promotion, even when criminal proceedings are ongoing.
Promotion cannot be claimed as a matter of right when a criminal case is pending against an employee, despite the right to be considered for promotion.
Promotion rights in service law are protected unless a charge sheet has been formally issued; mere contemplation of disciplinary action cannot postpone eligibility.
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