Pending Investigation Without Chargesheet Cannot Stall Promotion; Directs Assam Police to Reconsider Officer’s Case: Gauhati HC [Read Order]

Gauhati: The Gauhati High Court has directed the respondent authorities to reconsider the case of a Sub-Inspector (UB) for confirmation in her rank and for promotion to the rank of Inspector (UB), holding that a pending criminal investigation without a charge sheet cannot be a ground to withhold confirmation or promotion.

Justice Budi Habung, while disposing of the writ petition, directed the authorities to complete the exercise within three months from the date of receipt of a certified copy of the order.

The petitioner, Smt. Dipali Baruah, was appointed as a constable and joined service on 12.09.1990. She was promoted to the post of Havildar with effect from 31.10.2003 and subsequently to the rank of Sub-Inspector (UB) with effect from 23.10.2013.

While serving as Sub-Inspector (UB), an FIR was lodged on 15.05.2017 by one Shri Biren Haloi, alleging that the petitioner had demanded ₹10,00,000 for securing his release and that ₹4,00,000 was paid, following which he was released on 11.05.2017. On the basis of the said FIR, Garchuk P.S. Case No. 191/2017 under Sections 384 and 34 of the IPC was registered, and an investigation was initiated. The petitioner was arrested in connection with the said case and placed under suspension from 02.06.2017 to 04.12.2017. Subsequently, by an order dated 18.09.2021 issued by the Superintendent of Police, South Salmara-Mankachar District, Hatsingimari, the said period of suspension was regularised and treated as on duty.

The informant who had lodged the FIR subsequently withdrew the complaint by filing a petition on 29.11.2023, stating that the FIR had been lodged due to a misunderstanding and under the influence of certain police authorities of Garchuk Police Station, and that the allegation of demand for money was not correct. The investigation of the case remained pending, and no charge sheet had been filed till the date of the hearing.

A nominal list of departmental promotee Sub-Inspectors (UB) for the years 2013–2016 was issued by the Assistant Inspector General of Police (A&E), Assam, for consideration for confirmation, wherein the petitioner’s name appeared at Serial No. 91. Although the petitioner was permitted to undergo the 59th Batch Pre-Promotion Cadre Course at Lachit Barphukan Police Academy, Dergaon, with effect from 29.01.2024 and successfully completed the same, her name was not included in the final list of confirmed Sub-Inspectors (UB). The petitioner further submitted that persons junior to her, namely Shri Ramjan Ali Sheikh and Smti Depali Deka Borah, had already been promoted to the rank of Inspector (UB), while her case had not been considered.

Mr. D.K. Roy, learned counsel for the petitioner, placed reliance on Office Memorandum No. ABP 29/2006/38 dated 09.05.2006 issued by the Government of Assam, Department of Personnel (B), which provides that promotion cannot be withheld merely on the ground of the pendency of a preliminary inquiry or investigation. Reliance was also placed on the Supreme Court’s decision in Union of India v. K.V. Janakiraman, reported in AIR 1991 SC 2010, wherein it was held that no promotion can be withheld merely on the basis of suspicion or doubt, or where the matter is under preliminary investigation and has not reached the stage of issuance of a charge sheet.

It was further submitted that other officials allegedly involved in the same case had been considered for promotion by the department by applying the said Office Memorandum, with the observation that a government employee cannot be deprived of due promotion on the ground of a pending criminal investigation.

Mr. A. Chakraborty, learned Government Advocate, on instructions, fairly submitted that the matter may be remanded to the competent authority or the Departmental Promotion Committee for reconsideration of the petitioner’s case in accordance with law.

The Court, having considered the submissions and materials on record, directed the respondent authorities to examine and consider the petitioner’s case for confirmation in the rank of Sub-Inspector (UB) as well as for promotion to the rank of Inspector (UB), strictly in accordance with law. The Court directed that, while doing so, the authorities shall take into account the Office Memorandum dated 09.05.2006, the law laid down in Union of India v. K.V. Janakiraman, the fact that no charge sheet had been filed against the petitioner till date, and the treatment accorded to similarly situated officials involved in the same case. The exercise was directed to be completed within three months from the date of receipt of a certified copy of the order.

Case Details

• Case Title: Smt. Dipali Baruah v. State of Assam & 5 Others
• Case Number: WP(C) No. 331/2024 (GAHC010011832024; 2026:GAU-AS:5946)
• Court: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
• Bench: Hon’ble Mr. Justice Budi Habung
• Date of Hearing: 23 April 2026
• Date of Judgment: 30 April 2026

Appearances

• For the Petitioner: Mr. D.K. Roy, Advocate
• For the Respondents: Mr. A. Chakraborty, Government Advocate

[Read Order]