GAHC010075902025 2025:GAU-AS:17600

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1987/2025

SRI NABA THAKURIA

S/O-LATE JAGENSWAR THAKURIA,R/O- VILL-BARNALIKUCHI,P.O AND

P.S-PATACHARKUCHI,DIST- BAJALI,ASSAM

VERSUS

THE STATE OF ASSAM AND ORS

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,

HOME AND POLITICAL DEPARTMENT,DISPUR,GUWAHATI-06

2:THE DIRECTOR GENERALOF POLICE

ASSAM POLICE HEAD QUARTER

ULUBARI

GUWAHATI-07

3:THE INSPECTOR

GENERAL OF POLICE (ADMN)

ASSAM POLICE HEAD QUARTER

ULUBARI

GUWAHATI-07

4:THE SUPERINTENDENT OF POLICE

SB(E)

ASSAM

KAHILIPARA

GUWAHATI-19

5:THE PRINCIPAL

LACHIT BORPHUKAN POLICE ACADEMY

DERGAON

ASSA

Advocate for the Petitioner : MR. T J MAHANTA, MR D MAHANTA,MR T GOGOI Advocate for the Respondent : GA, ASSAM, Date of Hearing : 28.11.2025 Date of Judgment : 18.12.2025 Whether the pronouncement is of the operative part of the Judgment? : NA Whether the full Judgment has been pronounced? : Yes BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA JUDGMENT & ORDER (CAV)

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