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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3374/2021
S/O LATE CHANDRA MOHAN HAZARIKA
RESIDENT OF JELEHUWA GAON, PO DERGAON, 785614, DIST GOLAGHAT,
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HOME AND POLITICAL DEPT. DISPUR GUWAHATI 781006
2:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEADQUARTER
3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMINISTRATION)
ASSAM POLICE HEADQUARTER
4:THE DEPARTMENTAL SELECTION BOARD
O/O DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEADQUARTER
Advocate for the Petitioner : MR D K ROY
Advocate for the Respondent : GA, ASSAM
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HONOURABLE MR. JUSTICE KALYAN RAI SURANA
Date : 20.07.2021
Heard Mr. D.K. Roy, learned counsel for the petitioner. Also heard
Mr. S.S. Roy, learned Govt. Advocate appearing for the respondents.
2. By filing this writ petition under Article 226 of the Constitution of
India, the petitioner has, inter alia, challenged the action of the respondents in
not confirming the promotion of the petitioner to the rank of Sub Inspector
(UB), to forbear from giving effect to the decision of the Departmental
Proceeding to consider the case of the petitioner for confirmation in service as
Sub Inspector (UB) and to not include the name of the petitioner in the pre-
promotion cadre course for promotion to the rank of Sub Inspector (UB) and
subsequent promotion to the rank of Inspector (UB) and for a direction to the
respondents for confirmation of his service in the rank of Sub Inspector (UB).
3. The case of projected by the petitioner is that while serving as
Officer-in-Charge of Pulibor P.S in Jorhat district., he was made an accused in
Jorhat P.S. Case No.967/2014 under sections 325/294/506/34 IPC and it is
projected that the trial of the said case is till pending for disposal before the
Court of Additional Chief Judicial Magistrate, Jorhat. It is further projected that
in the month of March, 2018, the petitioner was transferred to Dibrugarh and 3
cases came to be lodged against him, being Dibrugarh P.S. Case No.1714/2018
under section 406 IPC, Dibrugarh P.S. Case No.384/2019 under section 366/34
IPC and Dibrugarh P.S. Case No.828/2019 under section 506/342/323/120C/468
IPC. The learned counsel for the petitioner submits that all these three cases
resulted in submission of Final/ Closure Report.
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4. The learned counsel for the petitioner submits that the petitioner
is awaiting confirmation of promotion in the rank of Sub Inspector (UB) w.e.f.
01.12.2014. Accordingly, it is submitted that the proceedings against the
petitioner of a later date cannot be a cause of consideration for not giving
promotion to the petitioner w.e.f. 01.12.2014. It is submitted that the criminal
proceedings as well as the departmental proceedings took effect prospectively
and therefore, for a subsequent action, the confirmation of the promotion of the
petitioner w.e.f. 01.12.2014 would not have been interfered with. Accordingly,
the learned counsel for the petitioner prays for interim relief.
5. The learned Govt. Advocate opposes the prayer for interim relief
on the ground that as the name of the petitioner is not included in the order
dated 19.06.2021 by the Director General of Police, Assam, the petitioner would
not be entitled to have pre-promotion cadre training course. It is also submitted
that he would require instructions from the respondents as to whether any
departmental proceeding is pending/ contemplated against the petitioner.
Accordingly, the prayer for interim relief is opposed.
6. Issue notice returnable on 20.08.2021.
7. No steps are required to be taken as the respondents are
represented by the learned Govt. Advocate. However, requisite additional copies
of the writ petition be furnished to him within 2 (two) days.
8. Considered the prayer for interim relief. The Court has taken
note of the submissions made by the learned counsel for the petitioner that no
departmental proceeding was initiated against the petitioner at the relevant time
when the order of promotion was passed, and that the petitioner has not been
convicted in connection with the said Jorhat P.S. Case No.967/2014. The Court
has also taken note of the submissions made by the learned counsel for the
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petitioner that promotional training is not a regular feature and is periodically
taken up after 2-3 years and batch to batch wise and it is submitted that if the
petitioner cannot undergo the pre-promotion cadre training course, even if the
writ petition stands allowed, he would not become entitled to be confirmed in
the rank of Sub Inspector (UB) and therefore, he would lose the opportunity of
9. Considering the above stated situation, this Court is inclined to
provide that the respondent nos.2 and 3 shall permit the petitioner to undergo
pre-promotion cadre training course for promotion to the rank of Sub Inspector
(UB). However, it is provided that participation in such training course shall not
give, confer and/ or create any substantive right on the petitioner for being
confirmed in the rank of Sub Inspector (UB) and the issue of promotion of the
petitioner would be subject to further orders that may be passed in the writ
10. The petitioner is allowed to provide a downloaded copy of this
order to the learned Govt. Advocate and to the competent authority and the
said authority is at liberty to verify the correctness of the order from the website
of the Court and act accordingly.
11. List on 20.08.2021.